§ 39-20-14 — Screening tests

North Dakota § 39-20-14

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

Text

1. Any individual who operates a motor vehicle upon the public highways of this state is
deemed to have given consent to submit to an onsite screening test or tests of the
individual's breath for the purpose of estimating the alcohol concentration in the
individual's breath upon the request of a law enforcement officer who has reason to
believe that the individual committed a moving traffic violation or a violation under
section 39-08-01 or an equivalent offense, or was involved in a traffic accident as a
driver, and in conjunction with the violation or the accident the officer has, through the
officer's observations, formulated an opinion that the individual's body contains
alcohol.
2. An individual may not be required to submit to a screening test or tests of breath while
at a hospital as a patient if the medical practitioner in immediate charge of the
individual's case is not first notified of the proposal to make the requirement, or objects
to the test or tests on the ground that such would be prejudicial to the proper care or
treatment of the patient.
3. The screening test or tests must be performed by an enforcement officer certified as a
chemical test operator by the director of the state crime laboratory or the director's
designee and according to methods and with devices approved by the director of the
state crime laboratory or the director's designee. The results of such screening test
must be used only for determining whether or not a further test shall be given under
the provisions of section 39-20-01. The officer shall inform the individual that North
Dakota law requires the individual to take the screening test to determine whether the
individual is under the influence of alcohol and that refusal of the individual to submit to
a screening test may result in a revocation for at least one hundred eighty days and up
to three years of that individual's driving privileges. If such individual refuses to submit
to such screening test or tests, none may be given, but such refusal is admissible in a
court proceeding if the individual was arrested in violation of section 39-08-01 and did
not take any additional chemical tests requested by the law enforcement officer. Such
refusal is sufficient cause to revoke such individual's license or permit to drive in the
same manner as provided in section 39-20-04, and a hearing as provided in section
39-20-05 and a judicial review as provided in section 39-20-06 must be available.
4. The director must not revoke an individual's driving privileges for refusing to submit to
a screening test requested under this section if the individual provides a sufficient
breath, blood, or urine sample for a chemical test requested under section 39-20-01
for the same incident.
5. No provisions of this section may supersede any provisions of chapter 39-20, nor may
any provision of chapter 39-20 be construed to supersede this section except as
provided herein.
6. For the purposes of this section, "chemical test operator" means an individual certified
by the director of the state crime laboratory or the director's designee as qualified to
perform analysis for alcohol in an individual's blood, breath, or urine.