§ 39-06-32 — Authority to suspend licenses

North Dakota § 39-06-32

• Jurisdiction: North Dakota
• Title 39: Motor Vehicles
• Ch. 39-06: Operators' Licenses

Text

The director may suspend the operator's license of an individual, after hearing, upon
proof by a fair preponderance of the evidence, that any of the following apply to the licensee:
1. Commission of an offense for which mandatory revocation of license is required upon
conviction.
2. Incompetence to drive a motor vehicle.
3. Unlawful or fraudulent use of an operator's license.
4. Refusal to submit to an implied consent chemical test on an Indian reservation or in
another state. For purposes of this subsection, the specific requirements for
establishing a refusal used on the Indian reservation or in the other state may not be
considered, and photostatic copies of the records of the other jurisdiction's driver's
licensing authority are sufficient evidence of the refusal whether those copies are
certified. The suspension must be for the same length of time as the revocation in
section 39-20-04. If the refusal arose out of an arrest or stop of an individual while
operating a commercial motor vehicle, the period of suspension must be the same as
the period of revocation provided in section 39-06.2-10.
5. Failure, as shown by the certificate of the court, to pay a fine or serve any other
sentence as ordered by a court upon conviction for any criminal traffic offense.
6. Failure, as shown by the certificate of the court, to appear in court or post and forfeit
bond after signing a promise to appear, if signing is required by law, in violation of
section 39-06.1-04, willful violation of a written promise to appear in court, in violation
of section 39-07-08, or violation of equivalent ordinances or laws in another
jurisdiction. Upon resolution by the operator of the underlying cause for a suspension
under this subsection, as shown by the certificate of the court, the director shall record
the suspension separately on the driving record. This separate record is not available
to the public.
7. An administrative decision on an Indian reservation or in another state that the
licensee's privilege to drive on that Indian reservation or in that state is suspended or
revoked because of a violation of that Indian reservation's or state's law forbidding
motor vehicle operation with 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, or
because of a violation of that Indian reservation's or state's law forbidding the driving
or being in actual physical control of a commercial motor vehicle while having an
alcohol concentration of at least four one-hundredths of one percent by weight. The
specific requirements for establishing the violation on the Indian reservation or in the
other state may not be considered and certified copies of the records of the Indian
reservation's or other state's driver's licensing authority are sufficient evidence of the
violation. The suspension must be for the same duration as the suspension in section
39-20-04.1, if the violation does not involve a commercial motor vehicle. If the violation
involves a commercial motor vehicle, the period of suspension must be the same as
the period of suspension provided in section 39-06.2-10. For purposes of this section,
originals, photostatic copies, or electronic transmissions of the records of the driver's

licensing or other authority of the other jurisdiction are sufficient evidence whether they
are certified copies.
8. Conviction of an offense under this title and it appears from the director's records that
the offense contributed to causing an accident which resulted in death or serious
personal injury or serious property damage. A suspension may not be imposed if the
individual has been sanctioned for the same offense under section 39-06-31.