If a driver licensed in another state refuses, in this state, a test provided under section 39-06.2-10.2 or submits to a test under section 39-06.2-10.2, and the test results show an alcohol concentration of at least four one-hundredths of one percent by weight, the following procedures apply:

Terms Used In North Dakota Code 39-06.2-10.4

  • 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
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. 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
  • 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.    When a breath sample test result, derived under section 39-20-07, reveals the driver to have alcohol concentration of at least four one-hundredths of one percent by weight, the halting officer, without taking possession of the person‘s out-of-state driver’s license, shall inform the driver of the test results and issue an out-of-service order according to section 39-06.2-10.9 and a temporary driver’s permit according to section 39-06.2-10.8.

2.    When a urine or blood sample test result, derived under section 39-20-07, reveals an alcohol concentration of at least four one-hundredths of one percent by weight, the halting officer shall mail the person a temporary driver’s permit issued according to section 39-06.2-10.8 and a notice as provided under section 39-06.1-07.

3.    The law enforcement officer, within five days of issuing the temporary driver’s permit, shall forward to the director a certified written report in the form required by the director and 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 officer. If the person was issued a temporary driver’s permit because of the person’s refusal to submit to a test under section 39-06.2-10.2 and 39-20-14, the report must include information as provided in section 39-06.2-10.3. If the person was issued a temporary driver’s permit because of the results of a test, the report must show that the officer had reasonable grounds to believe the person had been driving or was in actual physical control of a commercial motor vehicle while in violation of section 39-06.2-10.1, that the person was lawfully detained, that the person was tested for alcohol concentration under this chapter, and     that the results of the test show that the person had an alcohol concentration of at least four one-hundredths of one percent by weight.

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