19.1020.01000
Sixty-sixth
Legislative Assembly HOUSE BILL NO. 1534
of North Dakota
Introduced by
Representatives K. Koppelman, Hanson, Paur
Senators Dwyer, Rust
1 A BILL for an Act to amend and reenact subsections 1 and 2 of section 39-08-01, section
2 39-20-01, and subsection 1 of section 39-20-14 of the North Dakota Century Code, relating to
3 driving under the influence of intoxicating liquor or any other drugs or substances, implied
4 consent, and screening tests; and to declare an emergency.
5 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
6 SECTION 1. AMENDMENT. Subsection 1 of section 39-08-01 of the North Dakota Century
7 Code is amended and reenacted as follows:
8 1. A person may not drive or be in actual physical control of any vehicle upon a highway
9 or upon public or private areas to which the public has a right of access for vehicular
10 use in this state if any of the following apply:
11 a. That person has an alcohol concentration of at least eight one-hundredths of one
12 percent by weight at the time of the performance of a chemical test within two
13 hours after the driving or being in actual physical control of a vehicle.
14 b. That person is under the influence of intoxicating liquor.
15 c. That person is under the influence of any drug or substance or combination of
16 drugs or substances to a degree which renders that person incapable of safely
17 driving.
18 d. That person is under the combined influence of alcohol and any other drugs or
19 substances to a degree which renders that person incapable of safely driving.
20 e. That individual refuses to submit to any of the following:
21 (1) A chemical test, or tests, of the individual's blood, breath, or urine to
22 determine the alcohol concentration or presence of other drugs, or
23 combination thereof, in the individual's blood, breath, or urine, at the
24 direction of a law enforcement officer under section 39-06.2-10.2 if the
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1 individual is driving or is in actual physical control of a commercial motor
2 vehicle; or
3 (2) A chemical test, or tests, of the individual's blood, breath, or urine to
4 determine the alcohol concentration or presence of other drugs, or
5 combination thereof, in the individual's blood, breath, or urine, at the
6 direction of a law enforcement officer under section 39-20-01.
7 The fact that any person charged with violating this section is or has been legally
8 entitled to use alcohol or other drugs or substances is not a defense against any
9 charge for violating this section, unless. It is an affirmative defense that a drug which
10 predominately caused impairment was used only as directed or cautioned by a
11 practitioner who legally prescribed or dispensed the drug to that person. If the
12 individual violated subdivisions a, b, c, or d of this subsection and subdivision e of this
13 subsection and the violations arose from the same incident, for purposes of
14 suspension or revocation of an operator's license, the violations are deemed a single
15 violation and the court shall forward to the department of transportation only the
16 conviction for driving under the influence or actual physical control.
17 SECTION 2. AMENDMENT. Subsection 2 of section 39-08-01 of the North Dakota Century
18 Code is amended and reenacted as follows:
19 2. a. An individual who operates a motor vehicle on a highway or on public or private
20 areas to which the public has a right of access for vehicular use in this state who
21 refuses to submit to a chemical test, or tests, required under section
22 39-06.2-10.2, or 39-20-01, or 39-20-14, is guilty of an offense under this section.
23 b. An individual is not subject to an offense under this section for refusal to submit
24 to an onsite screening test under section 39-20-14 if the person submits to a
25 chemical test under section 39-20-01 or 39-06.2-10.2 for the same incident. Upon
26 the individual's refusal to submit to an onsite screening test, the police officer
27 shall inform the individual that the individual may remedy the refusal if the
28 individual takes a chemical test under section 39-20-01 or 39-06.2-10.2 for the
29 same incident.
30 SECTION 3. AMENDMENT. Section 39-20-01 of the North Dakota Century Code is
31 amended and reenacted as follows:
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1 39-20-01. Implied consent to determine alcohol concentration and presence of drugs.
2 1. Any individual who operates a motor vehicle on a highway or on public or private
3 areas to which the public has a right of access for vehicular use in this state is deemed
4 to have given consent, and shall consent, subject to the provisions of this chapter, to a
5 chemical test, or tests, of the blood, breath, saliva, or urine for the purpose of
6 determining the alcohol concentration or presence of other drugs, or combination
7 thereof, in the individual's blood, breath, saliva, or urine. As used in this chapter, the
8 word "drug" means any drug or substance or combination of drugs or substances
9 which renders an individual incapable of safely driving, and the words "chemical test"
10 or "chemical analysis" mean any test to determine the alcohol concentration or
11 presence of other drugs, or combination thereof, in the individual's blood, breath, or
12 urine, approved by the director of the state crime laboratory or the director's designee
13 under this chapter.
14 2. The test or tests must be administered at the direction of a law enforcement officer
15 only after placing the individual under arrest and informing that individual that the
16 individual is or will be charged with the offense of driving or being in actual physical
17 control of a vehicle upon the public highways while under the influence of intoxicating
18 liquor, drugs, or a combination thereoffor violation of section 39-08-01. For the
19 purposes of this chapter, the taking into custody of a child under section 27-20-13 or
20 an individual under twenty-one years of age satisfies the requirement of an arrest. The
21 law enforcement officer shall determine which of the tests is to be used.
22 3. a. The law enforcement officer shall inform the individual charged that North Dakota
23 law requires the individual to take a chemical test to determine whether the
24 individual is under the influence of alcohol or drugs and that refusal of the
25 individual to submit to a test directed by the law enforcement officer may result in
26 a revocation of the individual's driving privileges for a minimum of one hundred
27 eighty days and up to three years. In addition, the law enforcement officer shall
28 inform the individual refusal to take a breath or urine test is a crime punishable in
29 the same manner as driving under the influence. If the officer requests the
30 individual to submit to a blood test, the officer may not inform the individual of any
31 criminal penalties until the officer has first secured a search warrant.
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1 b. A test administered under this section is not admissible in any criminal or
2 administrative proceeding to determine a violation of section 39-08-01 orunder
3 this chapter if the law enforcement officer fails to inform the individual charged as
4 required under subdivision a.
5 4. When an individual under the age of eighteen years is taken into custody for violating
6 section 39-08-01 or an equivalent ordinance, the law enforcement officer shall attempt
7 to contact the individual's parent or legal guardian to explain the cause for the custody.
8 Neither the law enforcement officer's efforts to contact, nor any consultation with, a
9 parent or legal guardian may be permitted to interfere with the administration of
10 chemical testing requirements under this chapter. The law enforcement officer shall
11 mail a notice to the parent or legal guardian of the minor within ten days after the test
12 results are received or within ten days after the minor is taken into custody if the minor
13 refuses to submit to testing. The notice must contain a statement of the test performed
14 and the results of that test; or if the minor refuses to submit to the testing, a statement
15 notifying of that fact. The attempt to contact or the contacting or notification of a parent
16 or legal guardian is not a precondition to the admissibility of chemical test results or
17 the finding of a consent to, or refusal of, chemical testing by the individual in custody.
18 SECTION 4. AMENDMENT. Subsection 1 of section 39-20-14 of the North Dakota Century
19 Code is amended and reenacted as follows:
20 1. Any individual who operates a motor vehicle upon the public highways of this state is
21 deemed to have given consent to submit to an onsite screening test or tests of the
22 individual's breath for the purpose of estimating the alcohol concentration in the
23 individual's breath upon the request of a law enforcement officer who has reason to
24 believe that the individual committed a moving traffic violation or a violation under
25 section 39-08-01, or was involved in a traffic accident as a driver, and in conjunction
26 with the violation or the accident the officer has, through the officer's observations,
27 formulated an opinion that the individual's body contains alcohol.
28 SECTION 5. EMERGENCY. Sections 1 and 2 of this Act are declared to be an emergency
29 measure.
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Statutes affected: INTRODUCED: 39-08-01, 39-20-01, 39-20-14
FIRST ENGROSSMENT: 39-08-01, 39-20-01, 39-20-14
Enrollment: 39-08-01, 39-20-01, 39-20-14