Any individual who is afield with a gun or other firearm or a bow and arrow is deemed to have given consent to submit to an onsite screening test of the individual’s breath for the purpose of estimating the alcohol concentration in the individual’s breath upon the request of a game warden or a law enforcement officer who has reason to believe and has, through the officer’s observations, formulated an opinion that the individual’s body contains alcohol. An individual may not be required to submit to a screening test of breath while at a hospital as a patient if the medical practitioner in immediate charge of the individual’s case is not first notified of the proposal to make the requirement or objects to the test on the ground that such would be prejudicial to the proper care or treatment of the patient. The screening test must be performed by a game warden or an enforcement officer certified as a chemical test operator by the director of the state crime laboratory or the director’s designee and according to methods and with devices approved by the director of the state crime laboratory or the director’s designee. The results of the screening test must be used only for determining whether a further test is to be given under the provisions of section 20.1-15-01. The officer shall inform the individual that refusal of the individual to submit to a screening test will result in a revocation for up to four years of that individual’s hunting privileges. If the individual refuses to submit to the screening test, none may be given, but the refusal is sufficient cause to revoke the individual’s hunting privileges in the same manner as provided in section 20.1-15-06, and a hearing as provided in section 20.1-15-08 and a judicial review as provided in section 20.1-15-09 must be available. However, the director may not revoke an individual’s hunting privileges for refusing to submit to a screening test requested under this section if the individual provides a sufficient breath, blood, or urine sample for a chemical test requested under section 20.1-15-01 for the same incident. This section does not supersede any provisions of sections 20.1-15-01 through 20.1-15-14, nor     does any provision of sections 20.1-15-01 through 20.1-15-14 supersede this section except as provided herein. For the purposes of this section, “chemical test operator” means an individual certified by the director of the state crime laboratory or the director’s designee as qualified to perform analysis for alcohol, other drugs, or a combination thereof in an individual’s blood, breath, or urine.

Terms Used In North Dakota Code 20.1-15-15

  • Afield: means being away from one's home or camp. See North Dakota Code 20.1-01-02
  • 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
  • Individual: means a human being. See North Dakota Code 1-01-49
  • 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