N.D. Cent. Code § 39-24.1-04
39-24.1-04. Consent of person incapable of refusal not withdrawn
39-24.1-04. Consent of person incapable of refusal not withdrawn
Any person who is dead, unconscious, or otherwise in a condition rendering that person
incapable of refusal is deemed not to have withdrawn the consent provided by section
39-24.1-01 and the chemical test may be given.