N.D. Cent. Code » Title 39 · Chapter 39-20
North Dakota Century Code

N.D. Cent. Code § 39-20-03 (2026)

Consent of person incapable of refusal not withdrawn

✓ current as of May 2026
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Repealed by S.L. 2017, ch. 268, § 9.

Notes of Decisions
Cited in 20 cases, 1963–2015 · leading case: Wilhelmi v. Dir. of the Dep't of Transp., 498 N.W.2d 150 (N.D. 1993).
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Wilhelmi v. Dir. of the Dep't of Transp., 498 N.W.2d 150 (N.D. 1993). · cites it 12× “2, we viewed drawing blood from an incapacitated person differently: We note that had Hansen been incapacitated, the State had available to it Section 39-20-03, N.D.C.C., which provides, "[a]ny person who is dead, unconscious, or otherwise in a condition rendering him incapable…”
Colling v. Hjelle, 125 N.W.2d 453 (N.D. 1963). · cites it 12× “The test or tests shall be administered at the direction of a law enforcement officer only after placing such person except persons mentioned in section 39-20-03 under arrest and informing him that he is or will be charged with the offense of driving or being in actual physical…”
State v. Erickson, 241 N.W.2d 854 (N.D. 1976). · cites it 5× “The test or tests shall be administered at the direction of a law enforcement officer only after placing such person except persons mentioned in Section 39-20-03 under arrest and informing him that he is or will be charged with the offense of driving or being in actual physical…”
Pokrzywinski v. Dir., North Dakota Dep't of Transp., 2014 ND 131 (N.D. 2014). · cites it 6× “However, N.D.C.C. § 39-20-03 is almost identical to Minn.”
Asbridge v. North Dakota State High. Comm'r, 291 N.W.2d 739 (N.D. 1980). · cites it 2× “The test or tests shall be administered at the direction of a law enforcement officer only after placing such person except persons mentioned in section 39-20-03 under arrest and informing him that he is or will be charged with the offense of driving or being in actual physical…”
Lund v. Hjelle, 224 N.W.2d 552 (N.D. 1974). · cites it 4× “The test or tests shall be administered at the direction of a law enforcement officer only after placing such person except persons mentioned in section 39-20-03 under arrest and informing him that he is or will be charged with the offense of driving or being in actual physical…”
State v. Fields, 294 N.W.2d 404 (N.D. 1980). · cites it 2× “The test or tests shall be administered at the direction of a law enforcement officer only after placing such person except persons mentioned in section 39-20-03 under arrest and informing him that he is or will be charged with the offense of driving or being in actual physical…”
City of Bismarck v. Hoffner, 379 N.W.2d 797 (N.D. 1985). · cites it 4× “Hoffner contends that Abrahamson was incorrectly decided because Chapter 39-20 requires that the test, to which there is an implied consent, "must be administered at the direction of a law enforcement officer only after placing the person, except persons mentioned in section…”
Grosgebauer v. North Dakota Dep't of Transp., 2008 ND 75 (N.D. 2008). · cites it 2× “Drivers who are unable to refuse by reason of being “dead, unconscious, or otherwise in a condition rendering the person incapable of refusal” may be tested, because they are “deemed not to have withdrawn [ ] consent.”
Fossum v. North Dakota Dep't of Transp., 2014 ND 47 (N.D. 2014). · cites it 2× “Hoffner contends that Abrahamson was incorrectly decided because Chapter 39-20 requires that the test, to which there is an implied consent, “must be administered at the direction of a law enforcement officer only after placing the person , except persons mentioned in section…”
Davis v. Dir., North Dakota Dep't of Transp., 467 N.W.2d 420 (N.D. 1991). · cites it 4× “, which reads: "The test or tests must be administered at the direction of a law enforcement officer only after placing the person, except persons mentioned in section 39-20-03, under arrest and informing that person that the person is or will be charged with the offense of…”
State v. Woytassek, 491 N.W.2d 709 (N.D. 1992). · cites it 2× “or 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 *712 chapter, to a chemical test, or tests, of the blood, breath,…”
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