§ 39-20-04 — Revocation of privilege to drive motor vehicle upon refusal to submit to testing

North Dakota § 39-20-04

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

Text

testing.
1. If a person refuses to submit to testing under section 39-20-01 or 39-20-14, none may
be given, but the law enforcement officer shall immediately take possession of the
person's operator's license if it is then available and shall immediately issue to that
person a temporary operator's permit, if the person then has valid operating privileges,
extending driving privileges for the next twenty-five days or until earlier terminated by a
decision of a hearing officer under section 39-20-05. The law enforcement officer shall
sign and note the date on the temporary operator's permit. The temporary operator's
permit serves as the director's official notification to the person of the director's intent
to revoke driving privileges in this state and of the hearing procedures under this
chapter. The director, upon the receipt of that person's operator'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 operator's
permit, showing that the officer had reasonable grounds to believe the person had
been driving or was in actual physical control of a motor vehicle while in violation of
section 39-08-01 or equivalent ordinance or, for purposes of section 39-20-14, 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 arrested if applicable, and that the
person had refused to submit to the test or tests under section 39-20-01 or 39-20-14,
shall revoke that person's license or permit to drive and any nonresident operating
privilege for the appropriate period under this section, or if the person is a resident
without a license or a permit to operate a motor vehicle in this state, the director shall
deny to the person the issuance of a license or permit for the appropriate period under
this section 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 operator's license the director shall give credit for time in
which the person was without an operator'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 operator's permit
issued under this section or section 39-20-03.2. The period of revocation or denial of
issuance of a license or permit under this section is:
a. One hundred eighty days if the person's driving record shows that within the
seven years preceding the most recent violation of this section, the person's
operator's license has not previously been suspended, revoked, or issuance
denied for a violation of this chapter or section 39-08-01 or equivalent ordinance.
b. Two years if the person's driving record shows that within the seven years
preceding the most recent violation of this section, the person's operator's license
has been once previously suspended, revoked, or issuance denied for a violation
of this chapter or section 39-08-01 or equivalent ordinance.
c. Three years if the person's driving record shows that within the seven years
preceding the most recent violation of this section, the person's operator's license
has at least twice previously been suspended, revoked, or issuance denied under
this chapter, or for a violation of section 39-08-01 or equivalent ordinance, or any
combination of the same, and the suspensions, revocations, or denials resulted
from at least two separate arrests.
2. A person's driving privileges are not subject to revocation if all of the following criteria
are met:
a. An administrative hearing is not held under section 39-20-05;
b. The person mails an affidavit to the director within twenty-five days after the
temporary operator's permit is issued. The affidavit must state that the person:
(1) Intends to voluntarily plead guilty to violating section 39-08-01 or equivalent
ordinance within twenty-five days after the temporary operator's permit is
issued;
(2) Agrees that the person's driving privileges must be suspended as provided
under section 39-06.1-10;
(3) Acknowledges the right to a section 39-20-05 administrative hearing and
section 39-20-06 judicial review and voluntarily and knowingly waives these
rights; and
(4) Agrees that the person's driving privileges must be revoked as provided
under this section without an administrative hearing or judicial review, if the
person does not plead guilty within twenty-five days after the temporary
operator's permit is issued, or the court does not accept the guilty plea, or
the guilty plea is withdrawn;
c. The person pleads guilty to violating section 39-08-01 or equivalent ordinance
within twenty-five days after the temporary operator's permit is issued;
d. The court accepts the person's guilty plea and a notice of that fact is mailed to the
director within twenty-five days after the temporary operator's permit is issued;
and
e. A copy of the final order or judgment of conviction evidencing the acceptance of
the person's guilty plea is received by the director prior to the return or
reinstatement of the person's driving privileges.

3. The court must mail a copy of an order granting a withdrawal of a guilty plea to
violating section 39-08-01, or equivalent ordinance, to the director within ten days after
it is ordered. Upon receipt of the order, the director shall immediately revoke the
person's driving privileges as provided under this section without providing an
administrative hearing.