If you drive in North Dakota, it is important to understand the state’s implied consent law. The law affects drivers facing DUI investigations. Refusing a chemical test can also have serious consequences. Knowing how the law works can help you understand what may happen if an officer asks you to submit to a test.
Understanding the basics of implied consent
North Dakota law treats a person who drives on a highway or certain public or private areas as having agreed to chemical testing for alcohol or drugs. The law sets rules for when this testing may occur. The testing can involve blood, breath, oral fluid or urine.
For the chemical testing procedure under the implied consent law, an officer must direct the test after placing the individual under arrest for driving under the influence or an equivalent offense. The officer must also explain that North Dakota law requires the test. The officer must warn that refusing it may lead to a loss of driving privileges.
The law applies to North Dakota residents and out-of-state drivers who drive in North Dakota. A separate provision also addresses on-site screening tests, which can occur under different circumstances.
Consequences of refusing a chemical test
Refusing a chemical test can lead to the revocation of your driving privileges. A qualifying first refusal generally results in a 180-day revocation. If your driving record shows one prior qualifying suspension, revocation or denial within the preceding seven years, a subsequent refusal can result in a two-year revocation. A third qualifying refusal can result in a three-year revocation when the statutory requirements are met.
The revocation process is administrative rather than a criminal sentence imposed by a court. You generally have 10 days after the temporary operator’s permit is issued to request an administrative hearing.
A refusal can also affect a criminal case. North Dakota law allows proof of a person’s refusal to be admitted in a civil or criminal proceeding arising from the alleged DUI conduct. Refusing a test does not necessarily prevent an arrest or DUI charge because officers may rely on other evidence.
Your rights during chemical testing
North Dakota law gives a person who submits to a chemical test the opportunity to obtain an additional test. You can have a medically qualified person of your choosing administer another test, but you must pay the costs. The law also states that being unable to obtain an additional test does not prevent admission of the test conducted at the direction of law enforcement.
You can request a copy of certain testing records, including the operational checklist and test record for a breath test or the analytical report for a blood or urine test.
You may also ask to speak with an attorney, but requesting legal advice does not necessarily allow you to delay chemical testing indefinitely. The circumstances surrounding a request for counsel can affect whether a person’s conduct amounts to a refusal.
Understanding your options during a traffic stop
North Dakota’s implied consent law treats drivers as having given consent to certain chemical testing, subject to the requirements of the law. A refusal can lead to a substantial revocation of driving privileges and may also be used as evidence in a related proceeding. If you face a DUI investigation, knowing the testing process, potential penalties and available procedures can help you understand the options available to you.