The DOT hearing:
10 days to protect your license.
Your driver’s license is decided in a separate proceeding from your criminal case, by the Department of Transportation, on a 10-day deadline that doesn’t wait for anyone. This page explains what the hearing is, what’s at stake, and why we request one on nearly every case.
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Two cases, one arrest
When you were arrested, the officer took your license and handed you a Report and Notice that serves as a temporary permit. That document started an administrative case with the NDDOT. It runs separately from the criminal charge — you can win in court and still lose your license, or vice versa.
The 10-day deadline
You have 10 days from the date on the Report and Notice to request an administrative hearing in writing. Miss it and the suspension or revocation takes effect automatically, with no hearing and no appeal. This is the single most common way people lose their licenses without a fight: they wait for their court date, and by then the DOT clock has run out.
What the suspension looks like
| Situation | Suspension / revocation |
|---|---|
| First offense, BAC under .18 | 91 days |
| First offense, BAC .18 or higher | 180 days |
| Second offense in 7 years | 365 days (under .18) / 2 years (.18+) |
| Third offense in 7 years | 2 years (under .18) / 3 years (.18+) |
| Test refusal | 180 days to 3 years, depending on priors |
What actually happens at the hearing
A DOT hearing officer decides a narrow set of questions: Did the officer have reasonable grounds to believe you were driving impaired? Were you lawfully arrested? Was the test administered properly and did it show .08 or more (or did you refuse after a proper advisory)? The state has to prove each one with admissible evidence, and the arresting officer usually testifies.
Two things make this hearing valuable even when the odds of winning it outright are modest:
- Sometimes you win. Advisory read wrong, test paperwork incomplete, no valid basis for the stop — the suspension is thrown out.
- You get a preview of the criminal case. The officer testifies under oath, on the record, before the prosecutor has prepared them. What they say at the DOT hearing follows them into court.
Getting back on the road
Depending on the offense level and whether you refused, a temporary restricted permit for work, school, or treatment may be available after part of the suspension is served. Reinstatement requires completing the suspension, the addiction evaluation, and a reinstatement fee, and may require proof of insurance. We map this out for every client so nothing gets missed.
Talk to a North Dakota DUI lawyer now. It’s free.
☎ 701-365-8088Common questions
I already missed the 10 days. Is there anything I can do?
The administrative suspension is very likely final. The criminal case is a separate matter and can still be defended, and getting a restricted permit or early reinstatement may still be possible. Call us either way.
Does requesting the hearing delay my suspension?
Generally, yes — your temporary permit remains valid until the hearing decision. That alone is often worth requesting it.
Is there a fee to request the hearing?
The DOT charges a modest filing fee with the request. We handle the request and the fee as part of representing you.
Can I just pay a fine and skip all of this?
The license consequences aren’t a fine; they’re a suspension that happens whether or not you go to court. The hearing is the only way to contest it.
Charged with DUI in North Dakota? Call now.
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Attorney advertising. Prior results do not guarantee a similar outcome. Penalty figures reflect North Dakota mandatory minimums published by the NDDOT and are subject to change; courts can impose more. This page is general information, not legal advice for your situation, and contacting us does not create an attorney–client relationship until we agree to represent you.