# Title 39 — Motor Vehicles

## Chapter 39-20 — Chemical Test for Intoxication, Implied Consent

### § 39-20-01. Implied consent to determine alcohol concentration and presence of drugs.

1. Any individual who operates a motor vehicle on a highway or on public or private areas
to which the public has a right of access for vehicular use in this state is deemed to
have given consent, and shall consent, subject to the provisions of this chapter, to a
chemical test, or tests, of the blood, breath, oral fluid, or urine for the purpose of
determining the alcohol concentration or presence of other drugs, or combination
thereof, in the individual's blood, breath, oral fluid, or urine. As used in this chapter, the
word "drug" means any drug or substance or combination of drugs or substances
which renders an individual incapable of safely driving, and the words "chemical test"
or "chemical analysis" mean any test to determine the alcohol concentration or
presence of other drugs, or combination thereof, in the individual's blood, breath, or
urine, approved by the director of the state crime laboratory or the director's designee
under this chapter.
2. The test or tests must be administered at the direction of a law enforcement officer
only after placing the individual under arrest for violation of section 39-08-01 or an
equivalent offense. For the purposes of this chapter, the taking into custody of a child
under section 27-20.4-05 or an individual under twenty-one years of age satisfies the
requirement of an arrest. The law enforcement officer shall determine which of the
tests is to be used.
3. a. The law enforcement officer shall inform the individual North Dakota law requires
the individual to take a chemical test to determine whether the individual is under
the influence of alcohol or drugs and refusal of the individual to submit to a test
directed by the law enforcement officer may result in a revocation of the
individual's driving privileges for a minimum of one hundred eighty days and up to
three years.
b. If an individual refuses to submit to testing under this section, proof of the refusal
is not admissible in any administrative proceeding under this chapter if the law
enforcement officer fails to inform the individual as required under subdivision a.
4. When an individual under the age of eighteen years is taken into custody for violating
section 39-08-01 or an equivalent ordinance, the law enforcement officer shall attempt
to contact the individual's parent or legal guardian to explain the cause for the custody.
Neither the law enforcement officer's efforts to contact, nor any consultation with, a
parent or legal guardian may be permitted to interfere with the administration of
chemical testing requirements under this chapter. The law enforcement officer shall
mail a notice to the parent or legal guardian of the minor within ten days after the test
results are received or within ten days after the minor is taken into custody if the minor
refuses to submit to testing. The notice must contain a statement of the test performed
and the results of that test; or if the minor refuses to submit to the testing, a statement
notifying of that fact. The attempt to contact or the contacting or notification of a parent
or legal guardian is not a precondition to the admissibility of chemical test results or
the finding of a consent to, or refusal of, chemical testing by the individual in custody.
### § 39-20-01.1. Chemical test of driver in serious bodily injury or fatal crashes.

1. If the driver of a vehicle is involved in a crash resulting in the death of another
individual, and there is probable cause to believe that the driver is in violation of
section 39-08-01, a law enforcement officer shall request the driver to submit to a
chemical test or tests of the driver's blood, breath, or urine to determine the alcohol
concentration or the presence of other drugs or substances, or both.
2. If the driver of a vehicle is involved in a crash resulting in the serious bodily injury, as
defined in section 12.1-01-04, of another individual, and there is probable cause to
believe that the driver is in violation of section 39-08-01, a law enforcement officer
shall request the driver to submit to a test or tests of the driver's blood, breath, or urine

to determine the alcohol concentration or the presence of other drugs or substances,
or both.
3. If the driver refuses to submit to a chemical test or tests of the driver's blood, breath, or
urine and exigent circumstances are not present, the law enforcement officer shall
request a search warrant to compel the driver to submit to a chemical test or tests of
the driver's blood, breath, or urine to determine the alcohol concentration or the
presence of other drugs or substances, or both.
4. The approved methods of the director of the state crime laboratory or the director's
designee must be followed in collecting and preserving a sample of the driver's blood,
breath, or urine and conducting a chemical test or tests to determine the alcohol
concentration or the presence of other drugs or substances, or both.
### § 39-20-02. Individuals qualified to administer test and opportunity for additional test.

Only an individual medically qualified to draw blood, acting at the request of a law
enforcement officer, may withdraw blood for the purpose of determining the alcohol
concentration or presence of other drugs, or combination thereof, in the individual's blood. The
director of the state crime laboratory or the director's designee shall determine the qualifications
or credentials for being medically qualified to draw blood, and shall issue a list of approved
designations including medical doctor and registered nurse. This limitation does not apply to the
taking of a breath or urine specimen. The director of the state crime laboratory, or the director's
designee, shall electronically post a copy of the certified list of approved designations, including
medical doctor and registered nurse, with the state crime laboratory division of the attorney
general at the attorney general website and shall make the certified records required by this
section available for download in a printable format on the attorney general website. The
individual tested may have an individual of the individual's choosing, who is medically qualified
to draw blood, administer a chemical test or tests in addition to any administered at the direction
of a law enforcement officer with all costs of an additional test or tests to be the sole
responsibility of the individual charged. The failure or inability to obtain an additional test by an
individual does not preclude the admission of the test or tests taken at the direction of a law
enforcement officer. Upon the request of the individual who is tested, a copy of the operational
checklist and test record of a breath sample test or analytical report of a blood or urine sample
test taken at the direction of the law enforcement officer must be made available to that
individual by the law enforcement agency that administered the test or tests.
### § 39-20-03. Consent of person incapable of refusal not withdrawn.

Repealed by S.L. 2017, ch. 268, § 9.
### § 39-20-03.1. Action following test result for a resident operator.

If a person submits to a test under section 39-20-01 or 39-20-02 and the test shows that
person to have 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
chemical test within two hours after the driving or being in actual physical control of a vehicle,
the following procedures apply:
1. The law enforcement officer shall immediately issue to that person a temporary
operator's permit if the person then has valid operating privileges, extending driving
privileges for the next twenty-five days, or until earlier terminated by the decision of a
hearing officer under section 39-20-05. The law enforcement officer shall sign and note
the date on the temporary operator's permit. The temporary operator's permit serves
as the director's official notification to the person of the director's intent to revoke,
suspend, or deny driving privileges in this state.
2. If a test administered under section 39-20-01 was by urine sample or by drawing blood
as provided in section 39-20-02 and the individual tested is not a resident of an area in
which the law enforcement officer has jurisdiction, the law enforcement officer shall, on
receiving the analysis of the urine or blood from the director of the state crime

laboratory or the director's designee and if the analysis shows that individual had an
alcohol concentration of at least eight one-hundredths of one percent by weight or,
with respect to an individual under twenty-one years of age, an alcohol concentration
of at least two one-hundredths of one percent by weight, either proceed in accordance
with subsection 1 during that individual's reappearance within the officer's jurisdiction,
proceed in accordance with subsection 3, or notify a law enforcement agency having
jurisdiction where the individual lives. On that notification, that law enforcement agency
shall, within twenty-four hours, forward a copy of the temporary operator's permit to the
law enforcement agency making the arrest or to the director. The law enforcement
agency shall issue to that individual a temporary operator's permit as provided in this
section, and shall sign and date the permit as provided in subsection 1.
3. If the test results indicate an alcohol concentration at or above the legal limit, the law
enforcement agency making the arrest may mail a temporary operator's permit to the
individual who submitted to the blood or urine test, whether or not the individual is a
resident of the area in which the law enforcement officer has jurisdiction. The third day
after the mailing of the temporary operator's permit is considered the date of issuance.
Actual notice of the opportunity for a hearing under this section is deemed to have
occurred seventy-two hours after the notice is mailed by regular mail to the address
submitted by the individual to the law enforcement officer. The temporary operator's
permit serves as the director's official notification to the individual of the director's
intent to revoke, suspend, or deny driving privileges in this state.
4. The law enforcement officer, within five days of the issuance of the temporary
operator's permit, shall forward to the director a certified written report in the form
required by the director. If the individual was issued a temporary operator's permit
because of the results of a test, the report must show that the officer had reasonable
grounds to believe the individual had been driving or was in actual physical control of a
motor vehicle while in violation of section 39-08-01, or equivalent ordinance, that the
individual was lawfully arrested, that the individual was tested for alcohol concentration
under this chapter, and that the results of the test show that the individual had an
alcohol concentration of at least eight one-hundredths of one percent by weight or,
with respect to an individual under twenty-one years of age, an alcohol concentration
of at least two one-hundredths of one percent by weight. In addition to the operator's
license and report, the law enforcement officer shall forward to the director a certified
copy of the operational checklist and test records of a breath test and a copy of the
certified copy of the analytical report for a blood or urine test for all tests administered
at the direction of the officer.
5. An individual charged with a violation of section 39-08-01 or equivalent ordinance may
elect to participate in the twenty-four seven sobriety program under chapter 54-12 in
lieu of the administrative hearing under this chapter if the individual's driver's license is
not subject to an unrelated suspension or revocation. Notwithstanding any other
provision of law, an individual may not receive a temporary restricted operator's license
until after fourteen days after the administrative hearing on the offense under this
chapter has been waived or held, or after fourteen days of the final appeal, whichever
is longer. The director shall issue a temporary restricted driver's license with the
restriction the individual participate in the twenty-four seven sobriety program upon
application by the individual with submission of proof of financial responsibility and
proof of participation in the twenty-four seven sobriety program under chapter 54-12.
### § 39-20-03.2. Action following test result or on refusing test by nonresident operator.

If a person licensed in another state refuses in this state to submit to a test provided under
section 39-20-01 or 39-20-14, or who submits to a test under section 39-20-01 or 39-20-02 and
the test results show the person to have 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 performance of a test within two hours after driving or being in physical control of a
motor vehicle, the following procedures apply:

1. Without taking possession of the person's out-of-state operator's license, the law
enforcement officer shall issue to the person a notification of the test results and a
temporary operator's permit extending nonresident operating privileges in this state for
twenty-five days from the date of issuance or until earlier terminated by the decision of
a hearing officer under section 39-20-05. The temporary permit must be signed and
dated by the officer and serves as the director's official notification to the person of the
director's intent to revoke, suspend, or deny driving privileges in this state, and of the
hearing procedures under this chapter.
2. If the test was administered by urine sample or by drawing blood, the law enforcement
officer, on reviewing the alcohol concentration analysis showing the individual had an
alcohol concentration of at least eight one-hundredths of one percent by weight or,
with respect to an individual under twenty-one years of age, an alcohol concentration
of at least two one-hundredths of one percent by weight, shall mail or issue to the
individual a notification of the test results, a temporary operator's permit extending
nonresident operating privileges in this state for twenty-five days from the date of
mailing or issuance or until earlier terminated by the decision of a hearing officer under
section 39-20-05, and notice of the intent to revoke, suspend, or deny driving
privileges in this state, together with the notice provided under section 39-06.1-07 of
the procedures available under this chapter. The temporary operator's permit must be
signed and dated by the officer. The third day after the mailing of the temporary
operator's permit is considered the date of issuance.
3. The law enforcement officer, within five days of issuing the temporary operator's
permit, shall forward to the director a certified written report in the form required by the
director and a certified copy of the operational checklist and test records of a breath
test and a copy of the certified copy of the analytical report for a blood or urine test for
all tests administered at the direction of the officer. If the individual was issued a
temporary operator's permit because of the individual's refusal to submit to a test
under sections 39-20-01 and 39-20-14, the report must include information as
provided in section 39-20-04. If the individual was issued a temporary operator's
permit because of the results of a test, the report must show that the officer had
reasonable grounds to believe the individual had been driving or was in actual physical
control of a motor vehicle while in violation of section 39-08-01, or equivalent
ordinance, that the individual was lawfully arrested, that the individual was tested for
alcohol concentration under this chapter, and that the results of the test show that the
individual had an alcohol concentration of at least eight one-hundredths of one percent
by weight or, with respect to an individual under twenty-one years of age, an alcohol
concentration of at least two one-hundredths of one percent by weight.
### § 39-20-04. Revocation of privilege to drive motor vehicle upon refusal to submit to

testing.
1. If a person refuses to submit to testing under section 39-20-01 or 39-20-14, none may
be given, but the law enforcement officer shall immediately take possession of the
person's operator's license if it is then available and shall immediately issue to that
person a temporary operator's permit, if the person then has valid operating privileges,
extending driving privileges for the next twenty-five days or until earlier terminated by a
decision of a hearing officer under section 39-20-05. The law enforcement officer shall
sign and note the date on the temporary operator's permit. The temporary operator's
permit serves as the director's official notification to the person of the director's intent
to revoke driving privileges in this state and of the hearing procedures under this
chapter. The director, upon the receipt of that person's operator's license and a
certified written report of the law enforcement officer in the form required by the
director, forwarded by the officer within five days after issuing the temporary operator's
permit, showing that the officer had reasonable grounds to believe the person had
been driving or was in actual physical control of a motor vehicle while in violation of
section 39-08-01 or equivalent ordinance or, for purposes of section 39-20-14, had
reason to believe that the person committed a moving traffic violation or was involved

in a traffic accident as a driver, and in conjunction with the violation or accident the
officer has, through the officer's observations, formulated an opinion that the person's
body contains alcohol, that the person was lawfully arrested if applicable, and that the
person had refused to submit to the test or tests under section 39-20-01 or 39-20-14,
shall revoke that person's license or permit to drive and any nonresident operating
privilege for the appropriate period under this section, or if the person is a resident
without a license or a permit to operate a motor vehicle in this state, the director shall
deny to the person the issuance of a license or permit for the appropriate period under
this section after the date of the alleged violation, subject to the opportunity for a
prerevocation hearing and postrevocation review as provided in this chapter. In the
revocation of the person's operator's license the director shall give credit for time in
which the person was without an operator's license after the day of the person's
refusal to submit to the test except that the director may not give credit for time in
which the person retained driving privileges through a temporary operator's permit
issued under this section or section 39-20-03.2. The period of revocation or denial of
issuance of a license or permit under this section is:
a. One hundred eighty days if the person's driving record shows that within the
seven years preceding the most recent violation of this section, the person's
operator's license has not previously been suspended, revoked, or issuance
denied for a violation of this chapter or section 39-08-01 or equivalent ordinance.
b. Two years if the person's driving record shows that within the seven years
preceding the most recent violation of this section, the person's operator's license
has been once previously suspended, revoked, or issuance denied for a violation
of this chapter or section 39-08-01 or equivalent ordinance.
c. Three years if the person's driving record shows that within the seven years
preceding the most recent violation of this section, 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 of the same, and the suspensions, revocations, or denials resulted
from at least two separate arrests.
2. A person's driving privileges are not subject to revocation if all of the following criteria
are met:
a. An administrative hearing is not held under section 39-20-05;
b. The person mails an affidavit to the director within twenty-five days after the
temporary operator's permit is issued. The affidavit must state that the person:
(1) Intends to voluntarily plead guilty to violating section 39-08-01 or equivalent
ordinance within twenty-five days after the temporary operator's permit is
issued;
(2) Agrees that the person's driving privileges must be suspended as provided
under section 39-06.1-10;
(3) Acknowledges the right to a section 39-20-05 administrative hearing and
section 39-20-06 judicial review and voluntarily and knowingly waives these
rights; and
(4) Agrees that the person's driving privileges must be revoked as provided
under this section without an administrative hearing or judicial review, if the
person does not plead guilty within twenty-five days after the temporary
operator's permit is issued, or the court does not accept the guilty plea, or
the guilty plea is withdrawn;
c. The person pleads guilty to violating section 39-08-01 or equivalent ordinance
within twenty-five days after the temporary operator's permit is issued;
d. The court accepts the person's guilty plea and a notice of that fact is mailed to the
director within twenty-five days after the temporary operator's permit is issued;
and
e. A copy of the final order or judgment of conviction evidencing the acceptance of
the person's guilty plea is received by the director prior to the return or
reinstatement of the person's driving privileges.

3. The court must mail a copy of an order granting a withdrawal of a guilty plea to
violating section 39-08-01, or equivalent ordinance, to the director within ten days after
it is ordered. Upon receipt of the order, the director shall immediately revoke the
person's driving privileges as provided under this section without providing an
administrative hearing.
### § 39-20-04.1. 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.
### § 39-20-05. Administrative hearing on request - Election to participate in the

twenty-four seven sobriety program.
1. Before issuing an order of suspension, revocation, or denial under section 39-20-04 or
39-20-04.1, the director shall afford that person an opportunity for a hearing if the
person mails or communicates by other means authorized by the director a request for
the hearing to the director within ten days after the date of issuance of the temporary
operator's permit. Upon completion of the hearing, an individual may elect to
participate in the twenty-four seven sobriety program under chapter 54-12. The
hearing must be held within thirty days after the date of issuance of the temporary
operator's permit. If no hearing is requested within the time limits in this section, and
no affidavit is submitted within the time limits under subsection 2 of section 39-20-04,
and if the individual has not provided the director with written notice of election to
participate in the twenty-four seven sobriety program under chapter 54-12, the
expiration of the temporary operator's permit serves as the director's official notification
to the person of the revocation, suspension, or denial of driving privileges in this state.
2. If the issue to be determined by the hearing concerns license suspension for operating
a motor vehicle while having an alcohol concentration of at least eight one-hundredths
of one percent by weight or, with respect to an individual under twenty-one years of
age, an alcohol concentration of at least two one-hundredths of one percent by weight,
the hearing must be before a hearing officer assigned by the director and at a time and
place designated by the director. The hearing must be recorded and its scope may
cover only the issues of whether the arresting officer had reasonable grounds to
believe the individual had been driving or was in actual physical control of a vehicle in
violation of section 39-08-01 or equivalent ordinance or, with respect to an individual
under twenty-one years of age, the individual had been driving or was in actual
physical control of a vehicle while having an alcohol concentration of at least two
one-hundredths of one percent by weight; whether the individual was placed under
arrest, unless the individual was under twenty-one years of age and the alcohol
concentration was less than eight one-hundredths of one percent by weight, then
arrest is not required and is not an issue under any provision of this chapter; whether
the individual was tested in accordance with section 39-20-01 and, if applicable,
section 39-20-02; and whether the test results show the individual had an alcohol
concentration of at least eight one-hundredths of one percent by weight or, with
respect to an individual under twenty-one years of age, an alcohol concentration of at
least two one-hundredths of one percent by weight. For purposes of this section, a
copy of a certified copy of an analytical report of a blood or urine sample from the
director of the state crime laboratory or the director's designee, or electronically posted
by the director of the state crime laboratory or the director's designee on the crime
laboratory information management system and certified by a law enforcement officer
or individual who has authorized access to the crime laboratory management system
through the criminal justice data information sharing system or a certified copy of the
checklist and test records from a certified breath test operator, and a copy of a certified
copy of a certificate of the director of the state crime laboratory designating the
director's designees, establish prima facie the alcohol concentration or the presence of
drugs, or a combination thereof, shown therein.
3. If the issue to be determined by the hearing concerns license revocation for refusing to
submit to a test under section 39-20-01 or 39-20-14, the hearing must be before a
hearing officer assigned by the director at a time and place designated by the director.
The hearing must be recorded. The scope of a hearing for refusing to submit to a test
under section 39-20-01 may cover only the issues of whether a law enforcement
officer had reasonable grounds to believe the person had been driving or was in actual

physical control of a vehicle in violation of section 39-08-01 or equivalent ordinance or,
with respect to a person under twenty-one years of age, the person had been driving
or was in actual physical control of a vehicle while having an alcohol concentration of
at least two one-hundredths of one percent by weight; whether the person was placed
under arrest; and whether that person refused to submit to the test or tests. The scope
of a hearing for refusing to submit to a test under section 39-20-14 may cover only the
issues of whether the law enforcement officer had reason to believe the person
committed a moving traffic violation or was involved in a traffic accident as a driver,
whether in conjunction with the violation or the accident the officer has, through the
officer's observations, formulated an opinion that the person's body contains alcohol
and, whether the person refused to submit to the onsite screening test.
4. At a hearing under this section, the regularly kept records of the director and state
crime laboratory may be introduced. Those records establish prima facie their contents
without further foundation. For purposes of this chapter, the following are deemed
regularly kept records of the director and state crime laboratory:
a. Any copy of a certified copy of an analytical report of a blood or urine sample
received by the director from the director of the state crime laboratory or the
director's designee or electronically posted by the director of the state crime
laboratory or the director's designee on the crime laboratory information
management system and certified by, and received from, a law enforcement
officer or an individual who has authorized access to the crime laboratory
management system through the criminal justice data information sharing
system, or a certified copy of the checklist and test records received by the
director from a certified breath test operator;
b. Any copy of a certified copy of a certificate of the director of the state crime
laboratory or the director's designee relating to approved methods, devices,
operators, materials, and checklists used for testing for alcohol concentration or
the presence of drugs received by the director from the director of the state crime
laboratory or the director's designee, or that have been electronically posted with
the state crime laboratory division of the attorney general at the attorney general
website; and
c. Any copy of a certified copy of a certificate of the director of the state crime
laboratory designating the director's designees.
5. At the close of the hearing, the hearing officer shall notify the person of the hearing
officer's findings of fact, conclusions of law, and decision based on the findings and
conclusions and shall immediately deliver to the person a copy of the decision. If the
hearing officer does not find in favor of the person, the copy of the decision serves as
the director's official notification to the person of the revocation, suspension, or denial
of driving privileges in this state. If the hearing officer finds, based on a preponderance
of the evidence, that the person refused a test under section 39-20-01 or 39-20-14 or
that the person had 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, the
hearing officer shall immediately take possession of the person's temporary operator's
permit issued under this chapter. If the hearing officer does not find against the person,
the hearing officer shall sign, date, and mark on the person's permit an extension of
driving privileges for the next twenty days and shall return the permit to the person.
The hearing officer shall report the findings, conclusions, and decisions to the director
within ten days of the conclusion of the hearing. If the hearing officer has determined
in favor of the person, the director shall return the person's operator's license by
regular mail to the address on file with the director under section 39-06-20.
6. If the person who requested a hearing under this section fails to appear at the hearing
without justification, the right to the hearing is waived, and the hearing officer's
determination on license revocation, suspension, or denial will be based on the written
request for hearing, law enforcement officer's report, and other evidence as may be
available. The hearing officer shall, on the date for which the hearing is scheduled,

mail to the person, by regular mail, at the address on file with the director under
section 39-06-20, or at any other address for the person or the person's legal
representative supplied in the request for hearing, a copy of the decision which serves
as the director's official notification to the person of the revocation, suspension, or
denial of driving privileges in this state. Even if the person for whom the hearing is
scheduled fails to appear at the hearing, the hearing is deemed to have been held on
the date for which it is scheduled for purposes of appeal under section 39-20-06.
7. A hearing under this section may be conducted in whole or in part by telephone,
television, virtual online interface, or other electronic means with the consent of the
licensee. A hearing officer may provide a notice, decision, or order under this section
by mail or other means as authorized by the director.
### § 39-20-06. Judicial review.

Any person whose operator's license or privilege has been suspended, revoked, or denied
by the decision of the hearing officer under section 39-20-05 may appeal within seven days after
the date of the hearing under section 39-20-05 as shown by the date of the hearing officer's
decision, section 28-32-42 notwithstanding, by serving on the director and filing a notice of
appeal and specifications of error in the district court in the county where the events occurred
for which the demand for a test was made, or in the county in which the administrative hearing
was held. The court shall set the matter for hearing, and the petitioner shall give twenty days'
notice of the hearing to the director and to the hearing officer who rendered the decision.
Neither the director nor the court may stay the decision pending decision on appeal. Within
twenty days after receipt of the notice of appeal, the director or the hearing officer who rendered
the decision shall file in the office of the clerk of court to which the appeal is taken a certified
transcript of the testimony and all other proceedings. It is the record on which the appeal must
be determined. No additional evidence may be heard. The court shall affirm the decision of the
director or hearing officer unless it finds the evidence insufficient to warrant the conclusion
reached by the director or hearing officer. The court may direct that the matter be returned to the
director or hearing officer for rehearing and the presentation of additional evidence.
### § 39-20-07. Interpretation of chemical tests.

Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have
been committed by any individual while driving or in actual physical control of a motor vehicle
while under the influence of intoxicating liquor, drugs, or a combination thereof, evidence of the
amount of alcohol concentration or presence of other drugs, or a combination thereof, in the
individual's blood, breath, or urine at the time of the act alleged as shown by a chemical
analysis of the blood, breath, or urine is admissible. For the purpose of this section:
1. An individual having, at that time, an alcohol concentration of not more than five
one-hundredths of one percent by weight is presumed not to be under the influence of
intoxicating liquor. This presumption has no application to the administration of chapter
39-06.2.
2. Evidence that there was at that time more than five one-hundredths of one percent by
weight alcohol concentration in an individual is relevant evidence, but it is not to be
given prima facie effect in indicating whether the individual was under the influence of
intoxicating liquor.
3. An individual having an alcohol concentration of at least eight one-hundredths of one
percent by weight or, with respect to an individual 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 chemical test within two hours after driving or being in
physical control of a vehicle is under the influence of intoxicating liquor at the time of
driving or being in physical control of a vehicle.
4. Alcohol concentration is based upon grams of alcohol per one hundred milliliters of
blood or grams of alcohol per two hundred ten liters of end expiratory breath or grams
of alcohol per sixty-seven milliliters of urine.
5. The results of the chemical analysis must be received in evidence when it is shown
that the sample was properly obtained and the test was fairly administered, and if the

test is shown to have been performed according to methods and with devices
approved by the director of the state crime laboratory or the director's designee, and
by an individual possessing a certificate of qualification to administer the test issued by
the director of the state crime laboratory or the director's designee. The director of the
state crime laboratory or the director's designee is authorized to approve satisfactory
devices and methods of chemical analysis and determine the qualifications of
individuals to conduct such analysis, and shall issue a certificate to all qualified
operators who exhibit the certificate upon demand of the individual requested to take
the chemical test.
6. The director of the state crime laboratory or the director's designee may appoint, train,
certify, and supervise field inspectors of breath testing equipment and its operation,
and the inspectors shall report the findings of any inspection to the director of the state
crime laboratory or the director's designee for appropriate action. Upon approval of the
methods or devices, or both, required to perform the tests and the individuals qualified
to administer them, the director of the state crime laboratory or the director's designee
shall prepare, certify, and electronically post a written record of the approval with the
state crime laboratory division of the attorney general at the attorney general website,
and shall include in the record:
a. An annual register of the specific testing devices currently approved, including
serial number, location, and the date and results of last inspection.
b. An annual register of currently qualified and certified operators of the devices,
stating the date of certification and its expiration.
c. The operational checklist and forms prescribing the methods currently approved
by the director of the state crime laboratory or the director's designee in using the
devices during the administration of the tests.
d. The certificate of the director of the state crime laboratory designating the
director's designees.
e. The certified records electronically posted under this section may be
supplemented when the director of the state crime laboratory or the director's
designee determines it to be necessary, and any certified supplemental records
have the same force and effect as the records that are supplemented.
f. The state crime laboratory shall make the certified records required by this
section available for download in a printable format on the attorney general
website.
7. Copies of the state crime laboratory certified records referred to in subsections 5 and 6
that have been electronically posted with the state crime laboratory division of the
attorney general at the attorney general website must be admitted as prima facie
evidence of the matters stated in the records.
8. A certified copy of the analytical report of a blood or urine analysis referred to in
subsection 5 and which is issued by the director of the state crime laboratory or the
director's designee must be accepted as prima facie evidence of the results of a
chemical analysis performed under this chapter. The certified copy satisfies the
directives of subsection 5.
9. Superseded by N.D.R.Ev., Rule 707.
10. A law enforcement officer who has witnessed an individual who is medically qualified
to draw the blood sample for testing may sign a verified statement that the law
enforcement officer witnessed the individual draw the blood sample and the individual
followed the approved methods of the director of the state crime laboratory or the
director's designee. Further foundation is not required to establish that the blood
sample was drawn according to the approved method of the director of the state crime
laboratory or the director's designee.
### § 39-20-08. Proof of refusal admissible in any civil or criminal action or proceeding.

If the person under arrest refuses to submit to the test or tests, proof of refusal is admissible
in any civil or criminal action or proceeding arising out of acts alleged to have been committed

while the person was driving or in actual physical control of a vehicle upon the public highways
while under the influence of intoxicating liquor, drugs, or a combination thereof.
### § 39-20-09. Effect of evidence of chemical test.

This chapter does not limit the introduction of any other competent evidence bearing on the
question of whether the person was under the influence of intoxicating liquor, drugs, or a
combination thereof, but, if the test results show an alcohol concentration of at least eight
one-hundredths of one percent 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, the purpose of
such evidence must be limited to the issues of probable cause, whether an arrest was made
prior to the administering of the test, and the validity of the test results.
### § 39-20-10. Notice to other states.

When it has been finally determined under the procedures of this chapter that a
nonresident's privilege to operate a motor vehicle in this state has been revoked or denied, the
director shall give information in writing of the action taken to the official in charge of traffic
control or public safety of the state of the person's residence and of any state in which the
person has a license.
### § 39-20-11. Application to prosecutions under municipal ordinances.

The provisions of this chapter also apply to prosecutions for the violation of municipal
ordinances prohibiting the driving or control of a motor vehicle while under the influence of
intoxicating liquor, drugs, or a combination thereof.
### § 39-20-12. Liability.

Any individual medically qualified to draw blood or any licensed physician, nurse,
technician, or an employee of a hospital who draws blood from any person pursuant to a
request of any arresting officer is not liable in any civil action for damages arising out of said act
except for gross negligence.
### § 39-20-13. State crime laboratory to examine specimens of fatalities in accidental

deaths involving a motor vehicle - Record use.
In cases of death resulting from a motor vehicle accident or other unnatural death occurring
in a motor vehicle, the county coroner shall require that specimens of blood, urine, and vitreous
humor be withdrawn from the body of the decedent within twenty-four hours after the decedent's
death by a coroner, coroner's physician, or other qualified person, prior to embalming. The
specimens must be collected and preserved by methods and techniques established by the
director of the state crime laboratory or the director's designee. The specimens so drawn must
be sent to the director of the state crime laboratory or the director's designee for analysis for
alcohol, carbon monoxide, and other drug content. The director of the state crime laboratory or
the director's designee shall keep a record of all such examinations to be used for statistical
purposes. The records must be made available to the director for use by the national highway
traffic safety administration in analyzing fatal accidents. The information in the possession of the
director may be obtained from the director of the state crime laboratory or the director's
designee only as provided in this section. Except as provided, the results of the examinations
referred to in this section must be used only for statistical purposes, except that the results must
be released upon the issuance of a subpoena duces tecum by a court of competent jurisdiction
in any civil or criminal action. The cumulative results of the examinations, without identifying the
individuals involved, must be disseminated to interested state and local officials and made
public by the director of the state crime laboratory or the director's designee. Any person
drawing the specimens and any person making any examination under the terms of this section
are immune from all liability, civil or criminal, that might otherwise be incurred or imposed.

### § 39-20-14. Screening tests.

1. Any individual who operates a motor vehicle upon the public highways of this state is
deemed to have given consent to submit to an onsite screening test or tests of the
individual's breath for the purpose of estimating the alcohol concentration in the
individual's breath upon the request of a law enforcement officer who has reason to
believe that the individual committed a moving traffic violation or a violation under
section 39-08-01 or an equivalent offense, or was involved in a traffic accident as a
driver, and in conjunction with the violation or the accident the officer has, through the
officer's observations, formulated an opinion that the individual's body contains
alcohol.
2. An individual may not be required to submit to a screening test or tests of breath while
at a hospital as a patient if the medical practitioner in immediate charge of the
individual's case is not first notified of the proposal to make the requirement, or objects
to the test or tests on the ground that such would be prejudicial to the proper care or
treatment of the patient.
3. The screening test or tests must be performed by an enforcement officer certified as a
chemical test operator by the director of the state crime laboratory or the director's
designee and according to methods and with devices approved by the director of the
state crime laboratory or the director's designee. The results of such screening test
must be used only for determining whether or not a further test shall be given under
the provisions of section 39-20-01. The officer shall inform the individual that North
Dakota law requires the individual to take the screening test to determine whether the
individual is under the influence of alcohol and that refusal of the individual to submit to
a screening test may result in a revocation for at least one hundred eighty days and up
to three years of that individual's driving privileges. If such individual refuses to submit
to such screening test or tests, none may be given, but such refusal is admissible in a
court proceeding if the individual was arrested in violation of section 39-08-01 and did
not take any additional chemical tests requested by the law enforcement officer. Such
refusal is sufficient cause to revoke such individual's license or permit to drive in the
same manner as provided in section 39-20-04, and a hearing as provided in section
4. The director must not revoke an individual's driving privileges for refusing to submit to
a screening test requested under this section if the individual provides a sufficient
breath, blood, or urine sample for a chemical test requested under section 39-20-01
for the same incident.
5. No provisions of this section may supersede any provisions of chapter 39-20, nor may
any provision of chapter 39-20 be construed to supersede this section except as
provided herein.
6. For the purposes of this section, "chemical test operator" means an individual certified
by the director of the state crime laboratory or the director's designee as qualified to
perform analysis for alcohol in an individual's blood, breath, or urine.
### § 39-20-15. Restricted license upon twenty-four seven sobriety program participation.

Any driver suspended under this chapter may elect to participate in the twenty-four seven
sobriety program under chapter 54-12. The director may issue a temporary restricted license
that takes effect after fourteen days of the suspension have been served provided that the driver
is not subject to any unrelated suspension. Notwithstanding any other provision of law, an
individual may not receive a temporary restricted operator's license until after fourteen days
after the administrative hearing on the offense under this chapter has been waived or held, or
after fourteen days of the final appeal, whichever is longer.
