North Dakota has an implied consent law. This means anyone who operates a motor vehicle in the state on a highway or a public or private area that is open to the public for vehicle use, such as a parking lot, is deemed to have given consent to a chemical test if arrested.
If a law enforcement officer arrests a driver for driving while under the influence of alcohol or drugs, they can administer a test or tests of the blood, breath, oral fluid or urine to determine your blood alcohol concentration (BAC).
But can a driver refuse to submit to a chemical test?
You may, but a refusal has consequences
Drivers in North Dakota automatically consent to a chemical test after a lawful arrest for operating a motor vehicle under the influence of alcohol or any other drugs. If you refuse to submit to a test, the officer will take your operator’s license and immediately issue a signed and dated temporary operator’s permit.
The temporary operator’s permit serves as an official notification of the state’s intent to revoke your driving privileges. The officer will then forward your case to the respective director, and an administrative hearing will be scheduled.
Based on the circumstances surrounding your case and your driving record, a hearing officer, serving on behalf of the North Dakota Department of Transportation (NDDOT), may revoke your driving privileges for 180 days to three years. Or your driving privileges may not be subject to revocation at all.
Despite the state having an implied consent law, certain procedures must be followed for it to apply. If your driving privileges are at risk because you refused to submit to testing, legal guidance can help you know the best ways to defend yourself.