19 chapters · 315 sections in this title.
N.D.C.C. § 20.1-13.1-01 Implied consent to determine alcohol concentration and presence of drugs
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Any individual who operates a motorboat or vessel in this state 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 …
N.D.C.C. § 20.1-13.1-02 Chemical test of operator in serious bodily injury or fatal accident
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Notwithstanding section 20.1-13.1-01 or 20.1-13.1-06, when the operator of a motorboat or vessel is involved in an accident resulting in the death or serious bodily injury, as defined in section 12.1-01-04, of another person, and there is probable cause to believe that the operat…
N.D.C.C. § 20.1-13.1-03 Individuals qualified to administer chemical test and opportunity for additional test
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Only an individual medically qualified to draw blood, acting at the request of a game warden or 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. Th…
N.D.C.C. § 20.1-13.1-04 Consent of person incapable of refusal not withdrawn
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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who is dead, unconscious, or otherwise in a condition rendering that person incapable of refusal is deemed not to have withdrawn the consent provided by section 20.1-13.1-01 and the chemical test may be given.
N.D.C.C. § 20.1-13.1-05 Action following chemical test result for a motorboat or vessel operator
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If a person submits to a chemical test under section 20.1-13.1-01, 20.1-13.1-03, or 20.1-13.1-04 and the test shows that person to have an alcohol, other drug, or a combination thereof concentration of at least ten one-hundredths of one percent by weight at the time of the perfor…
N.D.C.C. § 20.1-13.1-06 Revocation of privilege to operate motorboat or vessel upon refusal to submit to testing
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1. If a person refuses to submit to testing under section 20.1-13.1-01, no chemical test may be given, but the game warden or law enforcement officer shall immediately issue to that person a statement of intent to prohibit the person from operating a motorboat or vessel. The stat…
N.D.C.C. § 20.1-13.1-07 Administrative sanction for operating motorboat or vessel while having certain drug concentrations
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1. After the receipt of the certified report of a game warden or a law enforcement officer and if no written request for hearing has been received from the arrested person under section 20.1-13.1-08, or if that hearing is requested and the findings, conclusion, and decision from …
N.D.C.C. § 20.1-13.1-08 Administrative hearing on request
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1. Before prohibiting a person from operating a motorboat or vessel under section 20.1-13.1-06 or 20.1-13.1-07, the director shall afford that person an opportunity for a hearing if the person mails a request for the hearing to the director within ten days after the date the game…
N.D.C.C. § 20.1-13.1-09 Judicial review
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Any person who has been prohibited from operating a motorboat or vessel by the decision of the hearing officer under section 20.1-13.1-08 may appeal within seven days after the date the hearing officer issued the decision under section 20.1-13.1-08 as shown by the date of the hea…
N.D.C.C. § 20.1-13.1-10 Interpretation of chemical tests
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Upon the trial of any action or proceeding arising out of acts alleged to have been committed by any individual while operating a motorboat or vessel while under the influence of intoxicating liquor, drugs, or a combination thereof, evidence of the amount of alcohol concentration…
N.D.C.C. § 20.1-13.1-11 Proof of refusal admissible in any action or proceeding
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If the person under arrest refuses to submit to the chemical test, proof of refusal is admissible in any action or proceeding arising out of acts alleged to have been committed while the person was operating a motorboat or vessel while under the influence of intoxicating liquor, …
N.D.C.C. § 20.1-13.1-12 Effect of evidence of chemical test
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This chapter does not limit the introduction of any other competent evidence bearing on the question of whether the person was under the influence of intoxicating liquor, drugs, or a combination thereof, but, if the chemical test results show an alcohol, other drug, or a combinat…
N.D.C.C. § 20.1-13.1-13 Liability
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Any individual medically qualified to draw blood or any licensed physician, nurse, technician, or an employee of a hospital who draws blood from any person pursuant to a request of any arresting warden or officer is not liable in any civil action for damages arising out of the ac…
N.D.C.C. § 20.1-13.1-14 Operation of motorboat or vessel during period of prohibition - Penalty
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Any person who operates a motorboat or vessel on the waters of this state during the period the person is prohibited from operating a motorboat or vessel under this chapter is guilty of a class A misdemeanor.