North Dakota § 39-06.2-10.5 Revocation of privilege to drive commercial motor vehicle upon refusal to submit to testing

North Dakota Statutes

§ 39-06.2-10.5 — Revocation of privilege to drive commercial motor vehicle upon refusal to submit to testing

North Dakota § 39-06.2-10.5

Title 39Motor Vehicles

Ch. 39-06.2Commercial Driver's Licenses

This text of North Dakota § 39-06.2-10.5 (Revocation of privilege to drive commercial motor vehicle upon refusal to submit to testing) 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.

Bluebook

N.D. Cent. Code § 39-06.2-10.5 (2026).

Text

to submit to testing.
If a person refuses to submit to testing under section 39-06.2-10.2, the law enforcement
officer shall immediately take possession of the person's driver's license and issue to that
person a temporary driver's permit. The director, upon the receipt of that person's driver's
license and a certified written report of the law enforcement officer in the form required by the
director, forwarded by the officer within five days after issuing the temporary driver's permit,
showing that the officer had reasonable grounds to believe the person had been driving or was
in actual physical control of a commercial motor vehicle while in violation of section 39-06.2-10.1
or, had reason to believe that the person committed a moving traffic violation or was involved in
a traffic accide

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to submit to testing.
If a person refuses to submit to testing under section 39-06.2-10.2, the law enforcement
officer shall immediately take possession of the person's driver's license and issue to that
person a temporary driver's permit. The director, upon the receipt of that person's driver's
license and a certified written report of the law enforcement officer in the form required by the
director, forwarded by the officer within five days after issuing the temporary driver's permit,
showing that the officer had reasonable grounds to believe the person had been driving or was
in actual physical control of a commercial motor vehicle while in violation of section 39-06.2-10.1
or, had reason to believe that the person committed a moving traffic violation or was involved in
a traffic accident as a driver, and in conjunction with the violation or accident the officer has,
through the officer's observations, formulated an opinion that the person's body contains
alcohol, that the person was lawfully detained, and that the person had refused to submit to the
screening test under section 39-06.2-10.2, shall revoke that person's commercial driver's
license or permit to drive and any nondomiciled commercial driver's privilege for the appropriate
period under section 39-06.2-10, or if the person is a resident without a commercial driver's
license or permit, the director shall deny to the person the issuance of a commercial driver's
license or permit for the appropriate period under section 39-06.2-10 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 driver's license the director
shall give credit for time in which the person was without a driver's license after the day of the
person's refusal to submit to the test except that the director may not give credit for time in
which the person retained driving privileges through a temporary driver's permit.