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North Dakota Code 20.1-13.1-06 - Revocation of privilege to operate motorboat or vessel upon refusal to submit to testing

North Dakota Code > Title 20.1 > Chapter 20.1-13.1 > § 20.1-13.1-06 - Revocation of privilege to operate motorboat or vessel upon refusal to submit to testing

^{Current as of: 2009}

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1. If a person refuses to submit to testing under section 20.1-13.1-01, no chemical test may be given, but the game warden or law enforcement officer shall immediately issue to that person a statement of intent to prohibit the person from operating a motorboat or vessel. The statement serves as the director's official notification to the person of the director's intent to prohibit the person from operating a motorboat or vessel in this state and of the hearing procedures under this chapter. The director, upon the receipt of the certified written report of the game warden or law

enforcement officer in the form required by the director, forwarded by the warden or officer within five days after issuing the statement of intent, showing that the warden or officer had probable cause to believe the person had been operating a motorboat or vessel while in violation of section 20.1-13-07 or had observed that the motorboat or vessel was operated in a negligent, reckless, or hazardous manner as defined by the director by rule, that the person was lawfully arrested if applicable, and that the person had refused to submit to the chemical test under section 20.1-13.1-01, shall prohibit the person from operating a motorboat or vessel in this state for the appropriate period under this section. The period for which a person is prohibited from operating a motorboat or vessel under this section is:

a. One year if the person's record shows that within the five years preceding the most recent refusal under this section, the person has not been prohibited from operating a motorboat or vessel for a violation of this chapter or for a violation of section 20.1-13-07.

b. Two years if the person's record shows that within the five years preceding the most recent refusal under this section, the person has once been prohibited from operating a motorboat or vessel for a violation of this chapter or for a violation of section 20.1-13-07.

c. Three years if the person's record shows that within the five years preceding the most recent refusal under this section, the person has twice been prohibited from operating a motorboat or vessel under this chapter or for a violation of section 20.1-13-07, and the prohibitions resulted from at least two separate arrests.

2. A person may not be prohibited from operating a motorboat or vessel under this section if:

a. No administrative hearing request is made under section 20.1-13.1-08;

b. The person mails an affidavit to the director within ten days after the game warden or law enforcement officer issues the statement of intent. The affidavit must state that the person:

(1) Intends to voluntarily plead guilty to violating section 20.1-13-07 within twenty-five days after the game warden or law enforcement officer issues the statement of intent;

(2) Agrees that the person may not operate a motorboat or vessel for the appropriate period;

(3) Acknowledges the right to a section 20.1-13.1-08 administrative hearing and section 20.1-13.1-09 judicial review and voluntarily and knowingly waives these rights; and

(4) Agrees that the person may not operate a motorboat or vessel for the appropriate period as provided under this section without an administrative hearing or judicial review, if the person does not plead guilty within twenty-five days after the game warden or law enforcement officer issues the statement of intent, or the court does not accept the guilty plea, or the guilty plea is withdrawn;

c. The person pleads guilty to violating section 20.1-13-07 within twenty-five days after the game warden or law enforcement officer issues the statement of intent;

d. The court accepts the person's guilty plea and a notice of that fact is mailed to the director within twenty-five days after the game warden or law enforcement officer issues the statement of intent; and

e. A copy of the final order or judgment of conviction evidencing the acceptance of the person's guilty plea is received by the director prior to the end of the prohibition from operating a motorboat or vessel.

3. The court shall mail a copy of an order granting a withdrawal of a guilty plea to violating section 20.1-13-07 to the director within ten days after it is ordered. Upon receipt of the order, the director immediately shall prohibit the person from operating a motorboat or vessel as provided under this section without providing an administrative hearing.