Driving Without a Valid License or on a Suspended License in North Dakota

North Dakota prohibits driving without a valid driver's license, whether suspended, revoked, or never issued. This article explains the law, the possible penalties for violations, and the exemptions to the license requirement.

Driving Without a License Law

Generally, every person must have a valid driver's license when operating a motor vehicle in North Dakota. (N.D. Cent. Code § 39-06-01 (2025).)

Exceptions to the Driver's License Requirement

Non-resident drivers (who are at least 16 years old) with a valid driver's license from their home state or country can drive in North Dakota without a North Dakota license. However, new residents must obtain an in-state license within 60 days of establishing residency. Military personnel stationed in North Dakota and United States government employees driving official government vehicles are exempt from state licensing rules. (N.D. Cent. Code § 39-06-02 (2025).)

Penalties for Unlicensed Driving

Unlicensed driving is a moving violation that carried a $20 fine before August 1, 2025. Beginning on August 1, 2025, unlicensed driving carries a $150 fine. Also, starting on August 1, 2025, no points will be assessed to a driver's record for unlicensed driving. Before August 1, 2025, the Department of Transportation assessed four demerit points to the violator's record. With enough demerit points, a person faces license suspension or revocation. (N.D. Cent. Code §§ 39-06.1-06, 39-06.1-10 (2025).)

Penalties for Driving Without a License in Your Possession

A driver who had a license but wasn't carrying it while driving can be issued an infraction ticket and charged a $20 fine. However, the charge will be dismissed if the driver presents a license that was valid at the time of driving to the prosecutor's office within 14 days of driving. (N.D. Cent. Code §§ 39-06-16, 39-06.1-06 (2025).)

Driving With a Suspended or Revoked License

A licensed driver can be suspended or revoked for various reasons, including impaired driving, driving without insurance, or accumulating too many license demerit points. Driving while suspended or revoked will lead to serious penalties. (N.D. Cent. Code § 39-06-42 (2025).)

Penalties for Driving While Suspended

Driving while suspended or revoked is a class B misdemeanor, punishable by a fine of up to $1,500 and a maximum of 30 days in jail. A fourth driving while suspended conviction within 5 years is a class A misdemeanor, punishable by up to 360 days in jail and a maximum of $3,000 in fines. However, a judge may dismiss a driving-while-suspended charge if the offender acquires a valid driver's license within 60 days. (N.D. Cent. Code §§ 12.1-32-01, 39-06-42 (2025).)

In addition to jail and fines, the offender's license suspension will be extended. The extension duration depends on the number of prior offenses the driver has in the last three years.

• First violation. A first offense will result in up to 90 additional days.
• Second violation. A second offense will result in 180 additional days of suspension.
• Third violation. A third or subsequent offense will result in an additional year of license suspension.

An offender with a revoked license will receive an additional one-year period of being ineligible to apply for reinstatement. An offender whose license was suspended for a DUI offense will receive an additional suspension of at least six months. (N.D. Cent. Code § 39-06-43 (2025).)

Penalties for Driving on a DUI Suspension

An offender who was initially suspended for a DUI incident is subject to the penalties mentioned above and must serve at least four days in jail. (N.D. Cent. Code § 39-06-42 (2025).)

Getting Help From a Defense Attorney

Because the penalties for unlicensed driving can be serious, you'll want to talk to an attorney if facing this type of charge. An experienced defense attorney can tell you how the law applies in your case and help you decide on the best course of action.