This text of North Dakota § 39-06.2-10.3 (Action following test result for a resident driver) 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.
If a person submits to a test under section 39-06.2-10.2 and the test shows that person to
have an alcohol concentration of at least four one-hundredths of one percent by weight at the
time of the performance of a chemical test within two hours after the driving or being in actual
physical control of a commercial motor vehicle, the following procedures apply:
1.When a breath sample test result derived under section 39-20-07 reveals a resident
driver to have an alcohol concentration of at least four one-hundredths of one percent
by weight, the law enforcement officer shall immediately issue the driver an
out-of-service order as provided for in section 39-06.2-10.9. If the driver then has valid
driving privileges, the law enforcement officer must issue to the driver a temporary
driver's pe
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If a person submits to a test under section 39-06.2-10.2 and the test shows that person to
have an alcohol concentration of at least four one-hundredths of one percent by weight at the
time of the performance of a chemical test within two hours after the driving or being in actual
physical control of a commercial motor vehicle, the following procedures apply:
1. When a breath sample test result derived under section 39-20-07 reveals a resident
driver to have an alcohol concentration of at least four one-hundredths of one percent
by weight, the law enforcement officer shall immediately issue the driver an
out-of-service order as provided for in section 39-06.2-10.9. If the driver then has valid
driving privileges, the law enforcement officer must issue to the driver a temporary
driver's permit, in accordance with section 39-06.2-10.8.
2. If a test administered under section 39-06.2-10.2 was by a urine or blood sample and
the person tested is not a resident of an area in which the law enforcement officer has
jurisdiction, the law enforcement officer shall, on receiving the analysis of the sample
by the director of the state crime laboratory or the director's designee showing that
person had an alcohol concentration of at least four one-hundredths of one percent by
weight, either proceed in accordance with subsection 1 during that person's
reappearance within the officer's jurisdiction or notify a law enforcement agency having
jurisdiction where the person lives. On that notification, that law enforcement agency
shall immediately issue to that person a temporary driver's permit according to section