§ 20.1-15-06 — Revocation of privilege to hunt upon refusal to submit to testing

North Dakota § 20.1-15-06

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

Text

1. If a person refuses to submit to testing under this chapter, no chemical test may be
given, but the game warden or law enforcement officer shall immediately issue a
statement of intent to revoke, suspend, or deny hunting privileges and take possession
of the person's hunting license if it is then available. The issuance of a statement of
intent to revoke, suspend, or deny hunting privileges and the taking of possession of
the person's hunting license serves as the director's official notification to the person of
the director's intent to revoke hunting privileges in this state and of the hearing
procedures under this chapter. The director, upon the receipt of that person's hunting
license and a 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 and taking possession of the person's hunting
license, showing that the warden or officer had reasonable grounds to believe the
person had been afield with a gun or other firearm or a bow and arrow while in
violation of section 20.1-01-06 or, for purposes of section 20.1-15-15, had reason to
believe and had, through personal observations, formulated an opinion that the
person's body contains alcohol, other drugs, or a combination thereof, that the person
was lawfully arrested if applicable, and that the person had refused to submit to the
chemical test under this chapter, shall revoke that person's hunting privileges for the
appropriate period under this section, or if the person is without hunting privileges in
this state, the director shall deny to the person hunting privileges for the appropriate
period under this section after the date of the alleged violation, subject to the
opportunity for a prerevocation hearing and postrevocation review as provided in this
chapter. In the revocation of the person's hunting privileges the director shall give
credit for time in which the person was without hunting privileges after the day of the
person's refusal to submit to the chemical test. The period of revocation or denial of
hunting privileges under this section is:
a. Two years if the person's record shows that within the five years preceding the
most recent refusal under this section, the person's hunting privileges have not
previously been suspended, revoked, or issuance of a license denied for a
violation of this chapter or section 20.1-01-06.
b. Three years if the person's record shows that within the five years preceding the
most recent refusal under this section, the person's hunting privileges have been
once previously suspended, revoked, or issuance of a license denied for a
violation of this chapter or section 20.1-01-06.
c. Four years if the person's record shows that within the five years preceding the
most recent refusal under this section, the person's hunting privileges have at
least twice previously been suspended, revoked, or issuance of a license denied
under this chapter or for a violation of section 20.1-01-06 and the suspensions,
revocations, or denials resulted from at least two separate arrests.
2. A person's hunting privileges are not subject to revocation under this section if:
a. No administrative hearing request is made under section 20.1-15-08;
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 and takes
possession of that person's hunting license. The affidavit must state that the
person:
(1) Intends to voluntarily plead guilty to violating section 20.1-01-06 within
twenty-five days after the game warden or law enforcement officer issues
the statement of intent and takes possession of the person's hunting license;
(2) Agrees that the person's hunting privileges must be suspended;
(3) Acknowledges the right to a section 20.1-15-08 administrative hearing and
section 20.1-15-09 judicial review and voluntarily and knowingly waives
these rights; and

(4) Agrees that the person's hunting privileges must be revoked 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 and takes
possession of the person's hunting license, or the court does not accept the
guilty plea, or the guilty plea is withdrawn;
c. The person pleads guilty to violating section 20.1-01-06 within twenty-five days
after the game warden or law enforcement officer issues the statement of intent
and takes possession of the person's hunting license;
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 takes possession of the person's hunting
license; 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 return or
reinstatement of the person's hunting privileges.
3. The court shall mail a copy of an order granting a withdrawal of a guilty plea to
violating section 20.1-01-06 to the director within ten days after it is ordered. Upon
receipt of the order, the director immediately shall revoke the person's hunting
privileges as provided under this section without providing an administrative hearing.