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Chemical Testing in North Dakota

In a case involving during under the influence, a chemical test may be analyze blood, breath, saliva, or urine.  The officer must first arrest the driver, inform him/her of the charge, and then administer the test.  The officer shall determine which test to use.

When interpreting the results, a BAC of not more than .05% is presumed not to be under the influence.  Evidence that there was more than .05% is relevant but is in itself evidence whether the person was under the influence.

If blood testing is chosen, only an individual medically qualified to draw blood, acting at the request of a law enforcement officer, may withdraw blood.  The person suspected of driving under the influence may choose his/her own tester, but he/she will be responsible for all additional costs.  Failure or inability to obtain additional testing does not preclude admission of testing taken at direction of a law enforcement officer.  Upon request, the person who is tested may receive a copy of the checklist and test record of a breath sample test or analytical report of a blood, urine, or saliva sample test by the person who administered the test.

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