§ 39-24.1-01 — Implied consent to determine alcohol concentration and presence of drugs

North Dakota § 39-24.1-01

• Jurisdiction: North Dakota
• Title 39: Motor Vehicles
• Ch. 39-24.1: Snowmobile Operator Regulation

Text

drugs.
An individual who operates a snowmobile on any public land or private land with public
access is deemed to have given consent, and shall consent, subject to this chapter, to a
chemical test, or tests, of the blood, breath, or urine for the purpose of determining the alcohol
concentration or presence of other drugs, or combination thereof, in the individual's blood,
breath, or urine. As used in this chapter, the definitions in section 39-24-01 apply, and in
addition, "chemical test" means any test or tests to determine the alcohol concentration or
presence of other drugs, or combination thereof, in the individual's blood, breath, or urine,
approved by the director of the state crime laboratory or the director's designee under this
chapter; and "drug" means any drug or substance or combination of drugs or substances which
renders an individual incapable of safely operating a snowmobile. The chemical test must be
administered at the direction of a law enforcement officer only after placing the individual,
except individuals mentioned in section 39-24.1-04, under arrest and informing that individual
that the individual is or will be charged with the offense of operating a snowmobile while under
the influence of intoxicating liquor, drugs, or a combination thereof. For the purposes of this
chapter, the taking into custody of a minor under section 27-20.4-05 satisfies the requirement of
an arrest. The law enforcement officer shall also inform the individual charged that refusal of the
individual to submit to the chemical test determined appropriate will result in that individual
being prohibited from operating a snowmobile for up to three years. The law enforcement officer
shall determine the chemical test to be used. When a minor is taken into custody for violating
subdivision c of subsection 5 of section 39-24-09, the law enforcement officer shall diligently
attempt to contact the minor's parent or legal guardian to explain the cause for the custody and
the implied consent chemical testing requirements. Neither the law enforcement officer's efforts
to contact, nor any consultation with, a parent or legal guardian may be permitted to interfere
with the administration of chemical testing requirements under this chapter.