§ 20.1-15-01 — Implied consent to determine alcohol concentration and presence of drugs

North Dakota § 20.1-15-01

• Jurisdiction: North Dakota
• Title 20.1: Game, Fish, Predators, and Boating
• Ch. 20.1-15: Intoxication Testing of Hunters

Text

drugs.
Any individual who is afield with a gun or other firearm or a bow and arrow is deemed to
have given consent, and shall consent, subject to this chapter, to a chemical test 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,
"drug" means any drug or substance or combination of drugs or substances which renders an
individual incapable of safely hunting or being afield with a gun or other firearm or a bow and
arrow, 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
20.1-15-04, under arrest and informing that individual that the individual is or will be charged
with the offense of being afield with a gun or other firearm or a bow and arrow 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 a
revocation for up to four years of the individual's hunting privileges. 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 20.1-01-06, 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.