This bill amends sections of the North Dakota Century Code regarding onsite screening tests and administrative hearings related to individuals refusing chemical tests. It specifies that hearings concerning license revocation for refusing to submit to a test must be conducted by a hearing officer assigned by the director, and the scope of these hearings is clarified. Notably, the bill expands the scope of hearings for refusing to submit to a test under section 39-20-14 to include whether the law enforcement officer had reason to believe the individual committed a moving traffic violation or was involved in a traffic accident, and whether the officer observed signs of alcohol or drug presence in the individual.
Additionally, the bill updates the language regarding onsite screening tests, stating that individuals operating a motor vehicle are deemed to have consented to submit to tests of their breath or oral fluid for estimating alcohol concentration or the presence of other drugs. It also establishes that individuals cannot be required to submit to these tests while hospitalized without prior notification to the medical practitioner in charge. The bill emphasizes that refusal to submit to a screening test may lead to a revocation of driving privileges and clarifies that such refusal is admissible in court proceedings. Furthermore, it ensures that an individual's driving privileges cannot be revoked for refusing a screening test if they provide a sufficient sample for a chemical test for the same incident.
Statutes affected: INTRODUCED: 39-20-05, 39-20-14