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Implied Consent Law in North Dakota

Under North Dakota law, any person who drives on a highway or on public or private areas to which the public has a right of access for vehicular use is deemed to have given consent, and must consent, to a chemical test or blood, breath, saliva, or urine test for the purpose of determining the alcohol, other drug, or combination thereof, content of the blood.   If a person refuses to submit, and it is later determined that the request was appropriate, his/her license may be revoked for up to four years.  Implied consent may apply even where a driver is not capable of refusing, such as when unconscious or dead.

Upon refusal, the law enforcement officer may not give a test but shall immediately take possession of the person’s license and immediately issue a temporary operator’s permit (if the person had valid operating privileges), extending privileges for 25 days or until earlier terminated by a decision of a hearing officer.  The driver may request an administrative hearing regarding his/her driving privileges.  Proof of the driver’s refusal is admissible in any civil or criminal action that arises out of the events.

The test may only be administered after the driver is placed under arrest and informed that he/she is charged with the offense of driving under the influence.

If a driver is in a hospital as a patient, he/she may not be required to submit to a test if the medical practitioner in immediate charge is not first notified or objects on the ground that it would be prejudicial to the proper care or treatment of the patient.

Implied consent also applies to screening tests, which are used only for determining whether or not a further test shall be given.  Refusal to screening tests may result in the same revocation penalties as refusals to chemical tests.


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