N.D. Cent. Code § 39-06.2-10.4
39-06.2-10.4. Action following test result or refusal of testing by nonresident driver
39-06.2-10.4. Action following test result or refusal of testing by nonresident driver
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:
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 sections
39-06.2-10.2 and 39-20-14, the report must include information as provided in section