§ 20.1-13.1-01 — Implied consent to determine alcohol concentration and presence of drugs

North Dakota § 20.1-13.1-01

• Jurisdiction: North Dakota
• Title 20.1: Game, Fish, Predators, and Boating
• Ch. 20.1-13.1: Intoxication Testing of Boat Operators

Text

drugs.
Any individual who operates a motorboat or vessel in this state is deemed to have given
consent, and shall consent, subject to this chapter, to a chemical test, or tests, of the blood,
breath, or urine for the purpose of determining the alcohol concentration or presence of other
drugs, or combination thereof, in the individual's blood, breath, or urine. As used in this chapter,
"operates" means to be in motion, en route, but not at anchor or aground; "vessel" means any
watercraft used or designed to be used for navigation on the water such as a boat operated by
machinery, either permanently or temporarily affixed, a sailboat other than a sailboard, an
inflatable manually propelled boat, a canoe, kayak, or rowboat, but does not include an inner
tube, air mattress, or other water toy; "drug" means any drug or substance or combination of
drugs or substances which renders an individual incapable of safely operating a motorboat or
vessel; and "chemical test" means any test or tests 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. The chemical test must be administered at the direction of a game warden or a law
enforcement officer only after placing the individual, except individuals mentioned in section
20.1-13.1-04, under arrest and informing that individual that the individual is or will be charged
with the offense of operating a motorboat or vessel while under the influence of intoxicating
liquor, drugs, or a combination thereof. For the purposes of this chapter, the taking into custody
of a minor under section 27-20.4-05 satisfies the requirement of an arrest. The game warden or
law enforcement officer shall also inform the individual charged that refusal of the individual to
submit to the chemical test determined appropriate will result in that individual being prohibited
from operating a motorboat or vessel for up to three years. The game warden or law
enforcement officer shall determine the chemical test to be used. When a minor is taken into
custody for violating section 20.1-13-07, the game warden or law enforcement officer shall
diligently attempt to contact the minor's parent or legal guardian to explain the cause for the
custody and the implied consent chemical testing requirements. Neither the game warden or
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.