North Dakota Code 20.1-15-07 – Administrative sanction for being afield with a gun or other firearm or a bow and arrow while having certain drug concentrations
1. After the receipt of a person‘s hunting license, if taken under section 20.1-15-05, and the certified report of a game warden or a law enforcement officer and if no written request for hearing has been received from the arrested person under section 20.1-15-08, or if that hearing is requested and the findings, conclusion, and decision from the hearing confirm that the game warden or law enforcement officer had reasonable grounds to arrest the person and chemical test results show that the arrested person had been afield with a gun or other firearm or a bow and arrow while having 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 a test within two hours after being afield with a gun or other firearm or a bow and arrow, the director shall suspend the person’s hunting privileges as follows:
Terms Used In North Dakota Code 20.1-15-07
- Afield: means being away from one's home or camp. See North Dakota Code 20.1-01-02
- Arrest: Taking physical custody of a person by lawful authority.
- Director: means the director of the department. See North Dakota Code 20.1-01-02
- hunting: means shooting, shooting at, pursuing, taking, attempting to take, or killing any game animals and game birds; searching for or attempting to locate or flush any game animals and game birds; luring, calling, or attempting to attract game animals and game birds; hiding for the purpose of taking or attempting to take game animals and game birds; and walking, crawling, or advancing toward wildlife while possessing implements or equipment useful in the taking of game animals or game birds. 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
- 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
- year: means twelve consecutive months. See North Dakota Code 1-01-33
a. For one year if the person’s record shows that, within the five years preceding the date of the arrest, the person has not previously violated section 20.1-01-06 or the person’s hunting privileges have not previously been suspended or revoked under this chapter.
b. For two years if the person’s record shows that, within the five years preceding the date of the arrest, the person has once previously violated section 20.1-01-06 or the person’s hunting privileges have once previously been suspended or revoked under this chapter.
c. For three years if the person’s record shows that within the five years preceding the date of the arrest, the person’s hunting privileges have at least twice previously been suspended, revoked, or issuance denied under this chapter, or for a violation of section 20.1-01-06, or any combination thereof, and the suspensions, revocations, or denials resulted from at least two separate arrests.
2. In the suspension of the person’s hunting privileges the director shall give credit for the time the person was without a hunting license after the day of the offense.