This bill amends sections of the North Dakota Century Code related to onsite screening tests and administrative hearings for individuals who refuse to submit to chemical tests. It specifies that hearings concerning license revocation for refusal must be conducted by a hearing officer assigned by the director, and outlines the scope of these hearings. Notably, the bill expands the scope of hearings for refusing 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 are deemed to have consented to submit to tests of their breath or oral fluid to estimate alcohol concentration or the presence of other drugs. It also clarifies that individuals cannot be required to submit to these tests while hospitalized without notifying 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 outlines the conditions under which an individual's driving privileges may not be revoked if they provide a sufficient sample for a chemical test.

Statutes affected:
INTRODUCED: 39-20-05, 39-20-14