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, or tests, of the blood, breath, oral fluid, or urine for the purpose of determining the alcohol concentration or presence of other drugs, or combination thereof, in the individual's blood, breath, oral fluid, or urine. As used in this chapter, the word "drug" means any drug or substance or combination of drugs or substances which renders an individual incapable of safely driving, and the words "chemical test" or "chemical analysis" mean any test 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.
2. The test or tests must be administered at the direction of a law enforcement officer only after placing the individual under arrest for violation of section 39-08-01 or an equivalent offense. For the purposes of this chapter, the taking into custody of a child under section 27-20.4-05 or an individual under twenty-one years of age satisfies the requirement of an arrest. The law enforcement officer shall determine which of the tests is to be used.
3. a. The law enforcement officer shall inform the individual North Dakota law requires the individual to take a chemical test to determine whether the individual is under the influence of alcohol or drugs and refusal of the individual to submit to a test directed by the law enforcement officer may result in a revocation of the individual's driving privileges for a minimum of one hundred eighty days and up to three years.
b. If an individual refuses to submit to testing under this section, proof of the refusal is not admissible in any administrative proceeding under this chapter if the law enforcement officer fails to inform the individual as required under subdivision a.
4. When an individual under the age of eighteen years is taken into custody for violating section 39-08-01 or an equivalent ordinance, the law enforcement officer shall attempt to contact the individual's parent or legal guardian to explain the cause for the custody. 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. The law enforcement officer shall mail a notice to the parent or legal guardian of the minor within ten days after the test results are received or within ten days after the minor is taken into custody if the minor refuses to submit to testing. The notice must contain a statement of the test performed and the results of that test; or if the minor refuses to submit to the testing, a statement notifying of that fact. The attempt to contact or the contacting or notification of a parent or legal guardian is not a precondition to the admissibility of chemical test results or the finding of a consent to, or refusal of, chemical testing by the individual in custody.
Notes of Decisions
Schoon v. N.D. Dep't of Transp., 2018 ND 210 (N.D. 2018).
· cites it 107× “N.D.C.C. § 39-20-01. “The law enforcement officer shall determine which of the tests is to be used.”
State v. O'Connor, 2016 ND 72 (N.D. 2016).
· cites it 80× “When Salter was decided, N.D.C.C. §§ 39-20-01 and 39-20-14 (2007) required identical implied consent advisories be given before submission to the screening test and the chemical test.”
State v. Vigen, 2019 ND 134 (N.D. 2019).
· cites it 106× “§ 39-20-01(3)(a), the legislature required the following “implied consent advisory” be given to individuals prior to a request they submit to chemical testing: The law enforcement officer shall inform the individual charged that North Dakota law requires the individual to take a…”
Fossum v. North Dakota Dep't of Transp., 2014 ND 47 (N.D. 2014).
· cites it 94× “We therefore reverse the judgment and reinstate the hearing officer’s decision to suspend Fossum’s driving privileges. I [¶2] On January 12, 2013, Bismarck Police Officer Colt Bohn issued a report and notice form to Fossum.”
City of Bismarck v. Vagts, 932 N.W.2d 523 (N.D. 2019).
· cites it 54× “[¶10] Under N.D.C.C. § 39-20-01, when an individual is placed under arrest for driving under the influence of alcohol or drugs, a law enforcement officer is authorized to request the individual submit to a chemical test of the individual's blood, breath, or urine.”
LeClair v. Sorel, 2018 ND 255 (N.D. 2018).
· cites it 62× “Salter : "When Salter was decided, N.D.C.C. §§ 39-20-01 and 39-20-14 (2007) required identical implied consent advisories be given before submission to the screening test and the chemical test.”
State v. Bohe, 2018 ND 216 (N.D. 2018).
· cites it 80× “§ 39-20-01, when individuals are placed under arrest for driving under the influence of either alcohol or drugs, an officer is permitted to request the individuals submit to a chemical test of their blood, breath, or urine. N.D.C.”
City of Grand Forks v. Barendt, 2018 ND 272 (N.D. 2018).
· cites it 30× “The test or tests must be administered at the direction of a law enforcement officer only after placing the individual under arrest and informing that individual that the individual is or will be charged with the offense of driving or being in actual physical control of a…”
Turner v. R.P., 745 N.W.2d 642 (N.D. 2008).
· cites it 30× “[¶ 14] We have said that the purpose of the implied consent statute, N.D.C.C. § 39-20-01, as applied to a juvenile, “is to inform the parent or guardian why a minor is in custody and to allow the parent or guardian to be involved in the minor’s decision whether to consent to…”
Throlson v. Backes, 466 N.W.2d 124 (N.D. 1991).
· cites it 48× “The hearing officer found that Throlson had been arrested and had refused the test in violation of Section 39-20-01, N.D.C.C. Throlson's license was suspended for two years.”
Moser v. North Dakota State High. Comm'r, 369 N.W.2d 650 (N.D. 1985).
· cites it 20× “1 provides: "If a person refused to submit to a test as provided under section 39-20-01 or 39-20-14, or if a person submits to a test under section 39-20-01, 39-20-02, or 39-20-03 and the test shows that person to have a blood alcohol concentration of at least ten one-hundredths…”
Olson v. North Dakota Dep't of Transp. Dir., 523 N.W.2d 258 (N.D. 1994).
· cites it 32× “Following the instruction of NDCC § 39-20-01, infra, Deputy Youngbird asked the McLean County Sheriff's dispatcher to call Olson's parents.”
N.D. Cent. Code § 39-20-01(1): 15 cases
State v. Vigen, 2019 ND 134 (N.D. 2019).
“§ 39-20-01(3)(a), the legislature required the following “implied consent advisory” be given to individuals prior to a request they submit to chemical testing: The law enforcement officer shall inform the individual charged that North Dakota law requires the individual to take a…”
N.D. Cent. Code § 39-20-01(2): 14 cases
City of Grand Forks v. Barendt, 2018 ND 272 (N.D. 2018).
“The test or tests must be administered at the direction of a law enforcement officer only after placing the individual under arrest and informing that individual that the individual is or will be charged with the offense of driving or being in actual physical control of a…”
Schoon v. N.D. Dep't of Transp., 2018 ND 210 (N.D. 2018).
“N.D.C.C. § 39-20-01. “The law enforcement officer shall determine which of the tests is to be used.”
City of Bismarck v. Vagts, 932 N.W.2d 523 (N.D. 2019).
“[¶10] Under N.D.C.C. § 39-20-01, when an individual is placed under arrest for driving under the influence of alcohol or drugs, a law enforcement officer is authorized to request the individual submit to a chemical test of the individual's blood, breath, or urine.”
N.D. Cent. Code § 39-20-01(3): 32 cases
Schoon v. N.D. Dep't of Transp., 2018 ND 210 (N.D. 2018).
“N.D.C.C. § 39-20-01. “The law enforcement officer shall determine which of the tests is to be used.”
State v. O'Connor, 2016 ND 72 (N.D. 2016).
“When Salter was decided, N.D.C.C. §§ 39-20-01 and 39-20-14 (2007) required identical implied consent advisories be given before submission to the screening test and the chemical test.”
LeClair v. Sorel, 2018 ND 255 (N.D. 2018).
“Salter : "When Salter was decided, N.D.C.C. §§ 39-20-01 and 39-20-14 (2007) required identical implied consent advisories be given before submission to the screening test and the chemical test.”
State v. Bohe, 2018 ND 216 (N.D. 2018).
“§ 39-20-01, when individuals are placed under arrest for driving under the influence of either alcohol or drugs, an officer is permitted to request the individuals submit to a chemical test of their blood, breath, or urine. N.D.C.”
N.D. Cent. Code § 39-20-01(3)(a): 39 cases
State v. Vigen, 2019 ND 134 (N.D. 2019).
“§ 39-20-01(3)(a), the legislature required the following “implied consent advisory” be given to individuals prior to a request they submit to chemical testing: The law enforcement officer shall inform the individual charged that North Dakota law requires the individual to take a…”
Schoon v. N.D. Dep't of Transp., 2018 ND 210 (N.D. 2018).
“N.D.C.C. § 39-20-01. “The law enforcement officer shall determine which of the tests is to be used.”
State v. O'Connor, 2016 ND 72 (N.D. 2016).
“When Salter was decided, N.D.C.C. §§ 39-20-01 and 39-20-14 (2007) required identical implied consent advisories be given before submission to the screening test and the chemical test.”
City of Bismarck v. Vagts, 932 N.W.2d 523 (N.D. 2019).
“[¶10] Under N.D.C.C. § 39-20-01, when an individual is placed under arrest for driving under the influence of alcohol or drugs, a law enforcement officer is authorized to request the individual submit to a chemical test of the individual's blood, breath, or urine.”
LeClair v. Sorel, 2018 ND 255 (N.D. 2018).
“Salter : "When Salter was decided, N.D.C.C. §§ 39-20-01 and 39-20-14 (2007) required identical implied consent advisories be given before submission to the screening test and the chemical test.”
N.D. Cent. Code § 39-20-01(3)(b): 30 cases
Schoon v. N.D. Dep't of Transp., 2018 ND 210 (N.D. 2018).
“N.D.C.C. § 39-20-01. “The law enforcement officer shall determine which of the tests is to be used.”
State v. Vigen, 2019 ND 134 (N.D. 2019).
“§ 39-20-01(3)(a), the legislature required the following “implied consent advisory” be given to individuals prior to a request they submit to chemical testing: The law enforcement officer shall inform the individual charged that North Dakota law requires the individual to take a…”
State v. O'Connor, 2016 ND 72 (N.D. 2016).
“When Salter was decided, N.D.C.C. §§ 39-20-01 and 39-20-14 (2007) required identical implied consent advisories be given before submission to the screening test and the chemical test.”
City of Bismarck v. Vagts, 932 N.W.2d 523 (N.D. 2019).
“[¶10] Under N.D.C.C. § 39-20-01, when an individual is placed under arrest for driving under the influence of alcohol or drugs, a law enforcement officer is authorized to request the individual submit to a chemical test of the individual's blood, breath, or urine.”
LeClair v. Sorel, 2018 ND 255 (N.D. 2018).
“Salter : "When Salter was decided, N.D.C.C. §§ 39-20-01 and 39-20-14 (2007) required identical implied consent advisories be given before submission to the screening test and the chemical test.”
N.D. Cent. Code § 39-20-01(a): 3 cases
N.D. Cent. Code § 39-20-01(b): 4 cases
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