§ 39-20-07 — Interpretation of chemical tests

North Dakota § 39-20-07

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

Text

Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have
been committed by any individual while driving or in actual physical control of a motor vehicle
while under the influence of intoxicating liquor, drugs, or a combination thereof, evidence of the
amount of alcohol concentration or presence of other drugs, or a combination thereof, in the
individual's blood, breath, or urine at the time of the act alleged as shown by a chemical
analysis of the blood, breath, or urine is admissible. For the purpose of this section:
1. An individual having, at that time, an alcohol concentration of not more than five
one-hundredths of one percent by weight is presumed not to be under the influence of
intoxicating liquor. This presumption has no application to the administration of chapter
39-06.2.
2. Evidence that there was at that time more than five one-hundredths of one percent by
weight alcohol concentration in an individual is relevant evidence, but it is not to be
given prima facie effect in indicating whether the individual was under the influence of
intoxicating liquor.
3. An individual having an alcohol concentration of at least eight one-hundredths of one
percent by weight or, with respect to an individual under twenty-one years of age, an
alcohol concentration of at least two one-hundredths of one percent by weight at the
time of the performance of a chemical test within two hours after driving or being in
physical control of a vehicle is under the influence of intoxicating liquor at the time of
driving or being in physical control of a vehicle.
4. Alcohol concentration is based upon grams of alcohol per one hundred milliliters of
blood or grams of alcohol per two hundred ten liters of end expiratory breath or grams
of alcohol per sixty-seven milliliters of urine.
5. The results of the chemical analysis must be received in evidence when it is shown
that the sample was properly obtained and the test was fairly administered, and if the

test is shown to have been performed according to methods and with devices
approved by the director of the state crime laboratory or the director's designee, and
by an individual possessing a certificate of qualification to administer the test issued by
the director of the state crime laboratory or the director's designee. The director of the
state crime laboratory or the director's designee is authorized to approve satisfactory
devices and methods of chemical analysis and determine the qualifications of
individuals to conduct such analysis, and shall issue a certificate to all qualified
operators who exhibit the certificate upon demand of the individual requested to take
the chemical test.
6. The director of the state crime laboratory or the director's designee may appoint, train,
certify, and supervise field inspectors of breath testing equipment and its operation,
and the inspectors shall report the findings of any inspection to the director of the state
crime laboratory or the director's designee for appropriate action. Upon approval of the
methods or devices, or both, required to perform the tests and the individuals qualified
to administer them, the director of the state crime laboratory or the director's designee
shall prepare, certify, and electronically post a written record of the approval with the
state crime laboratory division of the attorney general at the attorney general website,
and shall include in the record:
a. An annual register of the specific testing devices currently approved, including
serial number, location, and the date and results of last inspection.
b. An annual register of currently qualified and certified operators of the devices,
stating the date of certification and its expiration.
c. The operational checklist and forms prescribing the methods currently approved
by the director of the state crime laboratory or the director's designee in using the
devices during the administration of the tests.
d. The certificate of the director of the state crime laboratory designating the
director's designees.
e. The certified records electronically posted under this section may be
supplemented when the director of the state crime laboratory or the director's
designee determines it to be necessary, and any certified supplemental records
have the same force and effect as the records that are supplemented.
f. The state crime laboratory shall make the certified records required by this
section available for download in a printable format on the attorney general
website.
7. Copies of the state crime laboratory certified records referred to in subsections 5 and 6
that have been electronically posted with the state crime laboratory division of the
attorney general at the attorney general website must be admitted as prima facie
evidence of the matters stated in the records.
8. A certified copy of the analytical report of a blood or urine analysis referred to in
subsection 5 and which is issued by the director of the state crime laboratory or the
director's designee must be accepted as prima facie evidence of the results of a
chemical analysis performed under this chapter. The certified copy satisfies the
directives of subsection 5.
9. Superseded by N.D.R.Ev., Rule 707.
10. A law enforcement officer who has witnessed an individual who is medically qualified
to draw the blood sample for testing may sign a verified statement that the law
enforcement officer witnessed the individual draw the blood sample and the individual
followed the approved methods of the director of the state crime laboratory or the
director's designee. Further foundation is not required to establish that the blood
sample was drawn according to the approved method of the director of the state crime
laboratory or the director's designee.