§ 20.1-13.1-06 — Revocation of privilege to operate motorboat or vessel upon refusal to submit to testing

North Dakota § 20.1-13.1-06

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

Text

submit to testing.
1. If a person refuses to submit to testing under section 20.1-13.1-01, no chemical test
may be given, but the game warden or law enforcement officer shall immediately issue
to that person a statement of intent to prohibit the person from operating a motorboat
or vessel. The statement 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 and of the hearing procedures under this chapter. The director, upon the receipt
of the certified written report of the game warden or law enforcement officer in the form
required by the director, forwarded by the warden or officer within five days after
issuing the statement of intent, showing that the warden or officer had probable cause
to believe the person had been operating a motorboat or vessel while in violation of
section 20.1-13-07 or had observed that the motorboat or vessel was operated in a
negligent, reckless, or hazardous manner as defined by the director by rule, that the
person was lawfully arrested if applicable, and that the person had refused to submit to
the chemical test under section 20.1-13.1-01, shall prohibit the person from operating
a motorboat or vessel in this state for the appropriate period under this section. The
period for which a person is prohibited from operating a motorboat or vessel under this
section is:
a. One year if the person's record shows that within the five years preceding the
most recent refusal under this section, the person has not been prohibited from
operating a motorboat or vessel for a violation of this chapter or for a violation of
section 20.1-13-07.
b. Two years if the person's record shows that within the five years preceding the
most recent refusal under this section, the person has once been prohibited from
operating a motorboat or vessel for a violation of this chapter or for a violation of
section 20.1-13-07.
c. Three years if the person's record shows that within the five years preceding the
most recent refusal under this section, the person has twice been prohibited from
operating a motorboat or vessel under this chapter or for a violation of section
20.1-13-07, and the prohibitions resulted from at least two separate arrests.
2. A person may not be prohibited from operating a motorboat or vessel under this
section if:
a. No administrative hearing request is made under section 20.1-13.1-08;
b. The person mails an affidavit to the director within ten days after the game
warden or law enforcement officer issues the statement of intent. The affidavit
must state that the person:
(1) Intends to voluntarily plead guilty to violating section 20.1-13-07 within
twenty-five days after the game warden or law enforcement officer issues
the statement of intent;
(2) Agrees that the person may not operate a motorboat or vessel for the
appropriate period;
(3) Acknowledges the right to a section 20.1-13.1-08 administrative hearing and
section 20.1-13.1-09 judicial review and voluntarily and knowingly waives
these rights; and
(4) Agrees that the person may not operate a motorboat or vessel for the
appropriate period 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 game warden or law enforcement officer issues
the statement of intent, or the court does not accept the guilty plea, or the
guilty plea is withdrawn;
c. The person pleads guilty to violating section 20.1-13-07 within twenty-five days
after the game warden or law enforcement officer issues the statement of intent;
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 game warden or law enforcement officer
issues the statement of intent; 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 end of the
prohibition from operating a motorboat or vessel.
3. The court shall mail a copy of an order granting a withdrawal of a guilty plea to
violating section 20.1-13-07 to the director within ten days after it is ordered. Upon
receipt of the order, the director immediately shall prohibit the person from operating a
motorboat or vessel as provided under this section without providing an administrative
hearing.