North Dakota § 39-24.1-03 Individuals qualified to administer chemical test and opportunity for additional test

North Dakota Statutes

§ 39-24.1-03 — Individuals qualified to administer chemical test and opportunity for additional test

North Dakota § 39-24.1-03

Title 39Motor Vehicles

Ch. 39-24.1Snowmobile Operator Regulation

This text of North Dakota § 39-24.1-03 (Individuals qualified to administer chemical test and opportunity for additional test) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 39-24.1-03 (2026).

Text

additional test.
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 regi

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additional test.
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 that individual's own choosing, who is medically
qualified to draw blood, administer a chemical test in addition to any administered at the
direction of a law enforcement officer with all costs of the additional chemical test to be the
responsibility of the individual charged. The failure or inability to obtain an additional chemical
test by an individual does not preclude the admission of the chemical test 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 chemical test.