51 chapters · 808 sections in this title.
N.D.C.C. § 39-20-01 Implied consent to determine alcohol concentration and presence of drugs
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1. Any individual who operates a motor vehicle on a highway or on public or private areas to which the public has a right of access for vehicular use in this state is deemed to have given consent, and shall consent, subject to the provisions of this chapter, to a chemical test, o…
N.D.C.C. § 39-20-01.1 Chemical test of driver in serious bodily injury or fatal crashes
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1. If the driver of a vehicle is involved in a crash resulting in the death of another individual, and there is probable cause to believe that the driver is in violation of section 39-08-01, a law enforcement officer shall request the driver to submit to a chemical test or tests …
N.D.C.C. § 39-20-02 Individuals qualified to administer test and opportunity for additional test
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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…
N.D.C.C. § 39-20-03 Consent of person incapable of refusal not withdrawn
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Repealed by S.L. 2017, ch. 268, § 9.
N.D.C.C. § 39-20-03.1 Action following test result for a resident operator
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If a person submits to a test under section 39-20-01 or 39-20-02 and the test shows that person to have an alcohol concentration of at least eight one-hundredths of one percent by weight or, with respect to a person under twenty-one years of age, an alcohol concentration of at le…
N.D.C.C. § 39-20-03.2 Action following test result or on refusing test by nonresident operator
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If a person licensed in another state refuses in this state to submit to a test provided under section 39-20-01 or 39-20-14, or who submits to a test under section 39-20-01 or 39-20-02 and the test results show the person to have an alcohol concentration of at least eight one-hun…
N.D.C.C. § 39-20-06 Judicial review
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Any person whose operator's license or privilege has been suspended, revoked, or denied by the decision of the hearing officer under section 39-20-05 may appeal within seven days after the date of the hearing under section 39-20-05 as shown by the date of the hearing officer's de…
N.D.C.C. § 39-20-07 Interpretation of chemical tests
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Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any individual while driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor, drugs, or a combination thereof, evid…
N.D.C.C. § 39-20-08 Proof of refusal admissible in any civil or criminal action or proceeding
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If the person under arrest refuses to submit to the test or tests, proof of refusal is admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed while the person was driving or in actual physical control of a vehicle upon the publ…
N.D.C.C. § 39-20-09 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 test results show an alcohol concentration of at least eight one…
N.D.C.C. § 39-20-10 Notice to other states
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When it has been finally determined under the procedures of this chapter that a nonresident's privilege to operate a motor vehicle in this state has been revoked or denied, the director shall give information in writing of the action taken to the official in charge of traffic con…
N.D.C.C. § 39-20-11 Application to prosecutions under municipal ordinances
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The provisions of this chapter also apply to prosecutions for the violation of municipal ordinances prohibiting the driving or control of a motor vehicle while under the influence of intoxicating liquor, drugs, or a combination thereof.
N.D.C.C. § 39-20-12 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 officer is not liable in any civil action for damages arising out of said act except …
N.D.C.C. § 39-20-14 Screening tests
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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 …
N.D.C.C. § 39-20-15 Restricted license upon twenty-four seven sobriety program participation
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Any driver suspended under this chapter may elect to participate in the twenty-four seven sobriety program under chapter 54-12. The director may issue a temporary restricted license that takes effect after fourteen days of the suspension have been served provided that the driver …