§ 20.1-15-15 — Screening tests

North Dakota § 20.1-15-15

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

Text

Any individual who is afield with a gun or other firearm or a bow and arrow is deemed to
have given consent to submit to an onsite screening test of the individual's breath for the
purpose of estimating the alcohol concentration in the individual's breath upon the request of a
game warden or a law enforcement officer who has reason to believe and has, through the
officer's observations, formulated an opinion that the individual's body contains alcohol. An
individual may not be required to submit to a screening test of breath while at a hospital as a
patient if the medical practitioner in immediate charge of the individual's case is not first notified
of the proposal to make the requirement or objects to the test on the ground that such would be
prejudicial to the proper care or treatment of the patient. The screening test must be performed
by a game warden or an enforcement officer certified as a chemical test operator by the director
of the state crime laboratory or the director's designee and according to methods and with
devices approved by the director of the state crime laboratory or the director's designee. The
results of the screening test must be used only for determining whether a further test is to be
given under the provisions of section 20.1-15-01. The officer shall inform the individual that
refusal of the individual to submit to a screening test will result in a revocation for up to four
years of that individual's hunting privileges. If the individual refuses to submit to the screening
test, none may be given, but the refusal is sufficient cause to revoke the individual's hunting
privileges in the same manner as provided in section 20.1-15-06, and a hearing as provided in
section 20.1-15-08 and a judicial review as provided in section 20.1-15-09 must be available.
However, the director may not revoke an individual's hunting privileges for refusing to submit to
a screening test requested under this section if the individual provides a sufficient breath, blood,
or urine sample for a chemical test requested under section 20.1-15-01 for the same incident.
This section does not supersede any provisions of sections 20.1-15-01 through 20.1-15-14, nor

does any provision of sections 20.1-15-01 through 20.1-15-14 supersede this section except as
provided herein. For the purposes of this section, "chemical test operator" means an individual
certified by the director of the state crime laboratory or the director's designee as qualified to
perform analysis for alcohol, other drugs, or a combination thereof in an individual's blood,
breath, or urine.