Any person who is dead, unconscious, or otherwise in a condition rendering that person incapable of refusal is deemed not to have withdrawn the consent provided by section 20.1-15-01 and the chemical test may be given.
Consent of person incapable of refusal not withdrawn
N.D.C.C. § 20.1-15-04, under Intoxication Testing of Hunters.
N.D.C.C. § 20.1-15-04