Administrative sanction for driving or being in physical control of a vehicle while having certain alcohol concentration
N.D. Cent. Code § 39-20-04.1
in effect39-20-04.1. Administrative sanction for driving or being in physical control of a
vehicle while having certain alcohol concentration.
1. After the receipt of the certified report of a law enforcement officer and if no written
request for hearing has been received from the arrested person under section
39-20-05, or if that hearing is requested and the findings, conclusion, and decision
from the hearing confirm that the law enforcement officer had reasonable grounds to
arrest the person and test results show that the arrested person was driving or in
physical control of a vehicle while having an alcohol concentration of at least eight
one-hundredths of one percent by weight or, with respect to a person under
twenty-one years of age, an alcohol concentration of at least two one-hundredths of
one percent by weight at the time of the performance of a test within two hours after
driving or being in physical control of a motor vehicle, the director shall suspend the
person's driving privileges as follows:
a. For ninety-one days if the person's driving record shows that, within the seven
years preceding the date of the arrest, the person has not previously violated
section 39-08-01 or equivalent ordinance or the person's operator's license has
not previously been suspended or revoked under this chapter and the violation
was for an alcohol concentration of at least eight one-hundredths of one percent
by weight or, with respect to a person under twenty-one years of age, an alcohol
concentration of at least two one-hundredths of one percent by weight, and under
eighteen one-hundredths of one percent by weight.
b. For one hundred eighty days if the operator's record shows the person has not
violated section 39-08-01 or equivalent ordinance within the seven years
preceding the last violation and the last violation was for an alcohol concentration
of at least eighteen one-hundredths of one percent by weight.
c. For three hundred sixty-five days if the person's driving record shows that, within
the seven years preceding the date of the arrest, the person has once previously
violated section 39-08-01 or equivalent ordinance or the person's operator's
license has once previously been suspended or revoked under this chapter with
the last violation or suspension for an alcohol concentration under eighteen
one-hundredths of one percent by weight.
d. For two years if the person's driving record shows that within the seven years
preceding the date of the arrest, the person's operator's license has once been
suspended, revoked, or issuance denied under this chapter, or for a violation of
section 39-08-01 or equivalent ordinance, with the last violation or suspension for
an alcohol concentration of at least eighteen one-hundredths of one percent by
weight or if the person's driving record shows that within the seven years
preceding the date of arrest, the person's operator's license has at least twice
previously been suspended, revoked, or issuance denied under this chapter, or
for a violation of section 39-08-01 or equivalent ordinance, or any combination
thereof, and the suspensions, revocations, or denials resulted from at least two
separate arrests with the last violation or suspension for an alcohol concentration
of under eighteen one-hundredths of one percent by weight.
e. For three years if the operator's record shows that within the seven years
preceding the date of the arrest, the person's operator's license has at least twice
previously been suspended, revoked, or issuance denied under this chapter, or
for a violation of section 39-08-01 or equivalent ordinance, or any combination
thereof, and the suspensions, revocations, or denials resulted from at least two
separate arrests and the last violation or suspension was for an alcohol
concentration of at least eighteen one-hundredths of one percent by weight.
2. In the suspension of the person's operator's license the director shall give credit for the
time the person was without an operator's license after the day of the offense, except
that the director may not give credit for the time the person retained driving privileges
through a temporary operator's permit issued under section 39-20-03.1 or 39-20-03.2.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t39c20.pdf#nameddest=39-20-04p1Fetched: 10/16/2026