Action following test result or on refusing test by nonresident operator
N.D. Cent. Code § 39-20-03.2
in effect39-20-03.2. Action following test result or on refusing test by nonresident operator
If a person licensed in another state refuses in this state to submit to a test provided under
section 39-20-01 or 39-20-14, or who submits to a test under section 39-20-01 or 39-20-02 and
the test results show the person to have an alcohol concentration of at least eight
one-hundredths of one percent by weight or, with respect to a person under twenty-one years of
age, an alcohol concentration of at least two one-hundredths of one percent by weight at the
time of performance of a test within two hours after driving or being in physical control of a
motor vehicle, the following procedures apply:
1. Without taking possession of the person's out-of-state operator's license, the law
enforcement officer shall issue to the person a notification of the test results and a
temporary operator's permit extending nonresident operating privileges in this state for
twenty-five days from the date of issuance or until earlier terminated by the decision of
a hearing officer under section 39-20-05. The temporary permit must be signed and
dated by the officer and serves as the director's official notification to the person of the
director's intent to revoke, suspend, or deny driving privileges in this state, and of the
hearing procedures under this chapter.
2. If the test was administered by urine sample or by drawing blood, the law enforcement
officer, on reviewing the alcohol concentration analysis showing the individual had an
alcohol concentration of at least eight one-hundredths of one percent by weight or,
with respect to an individual under twenty-one years of age, an alcohol concentration
of at least two one-hundredths of one percent by weight, shall mail or issue to the
individual a notification of the test results, a temporary operator's permit extending
nonresident operating privileges in this state for twenty-five days from the date of
mailing or issuance or until earlier terminated by the decision of a hearing officer under
section 39-20-05, and notice of the intent to revoke, suspend, or deny driving
privileges in this state, together with the notice provided under section 39-06.1-07 of
the procedures available under this chapter. The temporary operator's permit must be
signed and dated by the officer. The third day after the mailing of the temporary
operator's permit is considered the date of issuance.
3. The law enforcement officer, within five days of issuing the temporary operator'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 individual was issued a
temporary operator's permit because of the individual's refusal to submit to a test
under sections 39-20-01 and 39-20-14, the report must include information as
provided in section 39-20-04. If the individual was issued a temporary operator's
permit because of the results of a test, the report must show that the officer had
reasonable grounds to believe the individual had been driving or was in actual physical
control of a motor vehicle while in violation of section 39-08-01, or equivalent
ordinance, that the individual was lawfully arrested, that the individual was tested for
alcohol concentration under this chapter, and that the results of the test show that the
individual had an alcohol concentration of at least eight one-hundredths of one percent
by weight or, with respect to an individual under twenty-one years of age, an alcohol
concentration of at least two one-hundredths of one percent by weight.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t39c20.pdf#nameddest=39-20-03p2Fetched: 10/16/2026