North Dakota Code 20.1-13.1-05 – Action following chemical test result for a motorboat or vessel operator
If a person submits to a chemical test under section 20.1-13.1-01, 20.1-13.1-03, or 20.1-13.1-04 and the test shows that person to have an alcohol, other drug, or a combination thereof concentration of at least ten one-hundredths of one percent by weight at the time of the performance of the test within two hours after the operating of a motorboat or vessel, the following procedures apply:
Terms Used In North Dakota Code 20.1-13.1-05
- Director: means the director of the department. See North Dakota Code 20.1-01-02
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Motorboat: means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion. See North Dakota Code 20.1-01-02
- Person: includes every partnership, association, corporation, and limited liability company. See North Dakota Code 20.1-01-02
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Vessel: means any watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See North Dakota Code 20.1-01-02
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
1. The game warden or law enforcement officer shall immediately issue a statement of intent to prohibit the person from operating a motorboat or vessel. The issuance of a statement of intent to prohibit the person from operating a motorboat or vessel 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.
2. If a chemical test administered under section 20.1-13.1-01 or 20.1-13.1-04 was by urine sample or by drawing blood as provided in section 20.1-13.1-03 and the individual tested does not reside in an area in which the game warden or law enforcement officer has jurisdiction, the game warden or law enforcement officer shall, on receiving the analysis of the urine or blood from the director of the state crime laboratory or the director’s designee and if the analysis shows that individual had an alcohol, other drug, or a combination thereof concentration of at least ten one-hundredths of one percent by weight, either proceed in accordance with subsection 1 during that individual’s reappearance within the game warden’s or officer’s jurisdiction or notify a game warden or law enforcement agency having jurisdiction where the individual resides. On that notification, that game warden or law enforcement agency shall immediately issue a statement of intent to prohibit the individual from operating a motorboat or vessel. The issuance of a statement of intent to prohibit the individual from operating a motorboat or vessel serves as the director’s official notification to the individual of the director’s intent to prohibit the individual from operating a motorboat or vessel in this state.
3. The game warden or law enforcement officer, within five days of issuing the statement of intent, shall forward to the director a certified written report in the form required by the director. If the statement was given because of the results of a chemical test, the report must show that the game warden or officer had probable cause to believe the individual had been operating a motorboat or vessel while in violation of section 20.1-13-07, that the individual was lawfully arrested, that the individual was chemically tested under this chapter, and that the results of the test show that the individual had an alcohol, other drug, or a combination thereof concentration of at least ten one-hundredths of one percent by weight. In addition to the report, the game warden or law enforcement officer shall forward to the director a certified copy of the operational checklist and test records of a breath test and a copy of the certified copy of the analytical report for a blood or urine test for all tests administered at the direction of the game warden or officer.