North Dakota § 20.1-13.1-07 Administrative sanction for operating motorboat or vessel while having certain drug concentrations

North Dakota Statutes

§ 20.1-13.1-07 — Administrative sanction for operating motorboat or vessel while having certain drug concentrations

North Dakota § 20.1-13.1-07

Title 20.1Game, Fish, Predators, and Boating

Ch. 20.1-13.1Intoxication Testing of Boat Operators

This text of North Dakota § 20.1-13.1-07 (Administrative sanction for operating motorboat or vessel while having certain drug concentrations) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 20.1-13.1-07 (2026).

Text

certain drug concentrations.

1.After the receipt of the certified report of a game warden or a law enforcement officer and if no written request for hearing has been received from the arrested person under section 20.1-13.1-08, or if that hearing is requested and the findings, conclusion, and decision from the hearing confirm that the game warden or law enforcement officer had probable cause to arrest the person and chemical test results show that the arrested person was operating a motorboat or vessel while having 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 a test within two hours after operating a motorboat or vessel, the director shall prohibit the person from operating any moto

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certain drug concentrations.
1. After the receipt of the certified report of a game warden or a law enforcement officer
and if no written request for hearing has been received from the arrested person under
section 20.1-13.1-08, or if that hearing is requested and the findings, conclusion, and
decision from the hearing confirm that the game warden or law enforcement officer
had probable cause to arrest the person and chemical test results show that the
arrested person was operating a motorboat or vessel while having 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 a test within two hours after
operating a motorboat or vessel, the director shall prohibit the person from operating
any motorboat or vessel in this state as follows:
a. For ninety-one days if the person's record shows that, within the five years
preceding the date of the arrest, the person has not previously violated section
20.1-13-07 or the person has not been prohibited from operating a motorboat or
vessel under this chapter.
b. For three hundred sixty-four days if the person's record shows that, within the five
years preceding the date of the arrest, the person has once previously violated
section 20.1-13-07 or the person has once been prohibited from operating a
motorboat or vessel under this chapter.
c. For two years if the person's record shows that within the five years preceding the
date of the arrest, 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, or
any combination thereof, and the prohibitions resulted from at least two separate
arrests.
2. A person who is prohibited from operating a motorboat or a vessel under subdivision a
of subsection 1 shall serve the prohibition within the time period between May first and
October first. If the person is unable to serve the full prohibition within this time period
in a single year, the person shall serve the remaining portion of the prohibition during
the same time period in subsequent years.