§ 39-20-02 — Individuals qualified to administer test and opportunity for additional test

North Dakota § 39-20-02

• Jurisdiction: North Dakota
• Title 39: Motor Vehicles
• Ch. 39-20: Chemical Test for Intoxication, Implied Consent

Text

Only an individual medically qualified to draw blood, acting at the request of a law
enforcement officer, may withdraw blood for the purpose of determining the alcohol
concentration or presence of other drugs, or combination thereof, in the individual's blood. The
director of the state crime laboratory or the director's designee shall determine the qualifications
or credentials for being medically qualified to draw blood, and shall issue a list of approved
designations including medical doctor and registered nurse. This limitation does not apply to the
taking of a breath or urine specimen. The director of the state crime laboratory, or the director's
designee, shall electronically post a copy of the certified list of approved designations, including
medical doctor and registered nurse, with the state crime laboratory division of the attorney
general at the attorney general website and shall make the certified records required by this
section available for download in a printable format on the attorney general website. The
individual tested may have an individual of the individual's choosing, who is medically qualified
to draw blood, administer a chemical test or tests in addition to any administered at the direction
of a law enforcement officer with all costs of an additional test or tests to be the sole
responsibility of the individual charged. The failure or inability to obtain an additional test by an
individual does not preclude the admission of the test or tests taken at the direction of a law
enforcement officer. Upon the request of the individual who is tested, a copy of the operational
checklist and test record of a breath sample test or analytical report of a blood or urine sample
test taken at the direction of the law enforcement officer must be made available to that
individual by the law enforcement agency that administered the test or tests.