§ 20.1-13.1-05 — Action following chemical test result for a motorboat or vessel operator

North Dakota § 20.1-13.1-05

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

Text

If a person submits to a chemical test under section 20.1-13.1-01, 20.1-13.1-03, or
20.1-13.1-04 and the test shows that person to have an alcohol, other drug, or a combination
thereof concentration of at least ten one-hundredths of one percent by weight at the time of the
performance of the test within two hours after the operating of a motorboat or vessel, the
following procedures apply:
1. The game warden or law enforcement officer shall immediately issue a statement of
intent to prohibit the person from operating a motorboat or vessel. The issuance of a
statement of intent to prohibit the person from operating a motorboat or vessel serves
as the director's official notification to the person of the director's intent to prohibit the
person from operating a motorboat or vessel in this state.
2. If a chemical test administered under section 20.1-13.1-01 or 20.1-13.1-04 was by
urine sample or by drawing blood as provided in section 20.1-13.1-03 and the
individual tested does not reside in an area in which the game warden or law
enforcement officer has jurisdiction, the game warden or 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, other drug, or a combination thereof concentration of at least ten
one-hundredths of one percent by weight, either proceed in accordance with
subsection 1 during that individual's reappearance within the game warden's or
officer's jurisdiction or notify a game warden or law enforcement agency having
jurisdiction where the individual resides. On that notification, that game warden or law
enforcement agency shall immediately issue a statement of intent to prohibit the
individual from operating a motorboat or vessel. The issuance of a statement of intent
to prohibit the individual from operating a motorboat or vessel serves as the director's
official notification to the individual of the director's intent to prohibit the individual from
operating a motorboat or vessel in this state.
3. The game warden or law enforcement officer, within five days of issuing the statement
of intent, shall forward to the director a certified written report in the form required by
the director. If the statement was given because of the results of a chemical test, the
report must show that the game warden or officer had probable cause to believe the
individual had been operating a motorboat or vessel while in violation of section
20.1-13-07, that the individual was lawfully arrested, that the individual was chemically
tested under this chapter, and that the results of the test show that the individual had
an alcohol, other drug, or a combination thereof concentration of at least ten
one-hundredths of one percent by weight. In addition to the report, the game warden
or 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 game warden or officer.