§ 20.1-15-11 — Interpretation of chemical tests

North Dakota § 20.1-15-11

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

Text

Upon the trial of any action or proceeding arising out of acts alleged to have been
committed by any individual while 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, evidence of the
amount of alcohol concentration or presence of other drugs, or a combination thereof, in the

individual's blood, breath, or urine at the time of the act alleged as shown by a chemical
analysis of the blood, breath, or urine is admissible. For the purpose of this section:
1. An individual having, at that time, an alcohol, other drug, or a combination thereof
concentration of not more than five one-hundredths of one percent by weight is
presumed not to be under the influence of intoxicating liquor, drugs, or a combination
thereof.
2. Evidence that there was at that time more than five one-hundredths of one percent by
weight alcohol, other drug, or a combination thereof concentration in an individual is
relevant evidence, but it is not to be given prima facie effect in indicating whether the
individual was under the influence of intoxicating liquor, drugs, or a combination
thereof.
3. An individual 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 chemical test within two hours after being afield with a gun or other firearm or a bow
and arrow is under the influence of intoxicating liquor, drugs, or a combination thereof
at the time of being afield with a gun or other firearm or bow and arrow.
4. Alcohol concentration is based upon grams of alcohol per one hundred milliliters of
blood or grams of alcohol per two hundred ten liters of end expiratory breath or grams
of alcohol per sixty-seven milliliters of urine.
5. The results of the chemical test must be received in evidence when it is shown that the
sample was properly obtained and the test was fairly administered, and if the test is
shown to have been performed according to methods and with devices approved by
the director of the state crime laboratory or the director's designee, and by an
individual possessing a certificate of qualification to administer the test issued by the
director of the state crime laboratory or the director's designee. The director of the
state crime laboratory or the director's designee is authorized to approve satisfactory
devices and methods of chemical tests and determine the qualifications of individuals
to conduct such tests, and shall issue a certificate to every qualified operator. An
operator shall exhibit the certificate upon demand of the individual requested to take
the chemical test.
6. The director of the state crime laboratory or the director's designee may appoint, train,
certify, and supervise field inspectors of breath testing equipment and its operation,
and the inspectors shall report the findings of any inspection to the director of the state
crime laboratory or the director's designee for appropriate action. Upon approval of the
methods or devices, or both, required to perform the tests and the individuals qualified
to administer them, the director of the state crime laboratory or the director's designee
shall prepare, certify, and electronically post a written record of the approval with the
state crime laboratory division of the attorney general at the attorney general website,
and shall include in the record:
a. An annual register of the specific testing devices currently approved, including
serial number, location, and the date and results of last inspection.
b. An annual register of currently qualified and certified operators of the devices,
stating the date of certification and its expiration.
c. The operational checklist and forms prescribing the methods currently approved
by the director of the state crime laboratory or the director's designee in using the
devices during the administration of the tests.
d. The certified records electronically posted under this section may be
supplemented when the director of the state crime laboratory or the director's
designee determines it to be necessary, and any certified supplemental records
have the same force and effect as the records that are supplemented.
e. The state crime laboratory shall make the certified records required by this
section available for download in a printable format on the attorney general
website.
7. Copies of the state crime laboratory certified records referred to in subsections 5 and 6
that have been electronically posted with the state crime laboratory division of the

attorney general at the attorney general website must be admitted as prima facie
evidence of the matters stated in the records.
8. A certified copy of the analytical report of a blood or urine test issued by the director of
the state crime laboratory or the director's designee must be accepted as prima facie
evidence of the results of a chemical test performed under this chapter.
9. Superseded by N.D.R.Ev., Rule 707.
10. A signed statement from the individual medically qualified to draw the blood sample for
testing as set forth in subsection 5 is prima facie evidence that the blood sample was
properly drawn and no further foundation for the admission of this evidence may be
required.