North Dakota’s Implied Consent Law and Refusing Alcohol Testing

North Dakota law requires drivers lawfully arrested for a DUI to agree to a blood, breath, saliva, or urine test.

When investigating someone for driving under the influence (DUI), it's common for an officer to ask the person to take a breath, blood, or urine test to determine the amount of alcohol or drugs in the driver's system. The driver's blood alcohol concentration (BAC) or the concentration of drugs in the driver's blood is often used to prove a DUI in court.

This article gives an overview of North Dakota's implied consent law and the consequences of an unlawful refusal.

Implied Consent Requirements

North Dakota's implied consent law specifies that any person who holds a North Dakota driver's license or operates a vehicle within the state is deemed to have consented to a blood, breath, saliva, or urine test. For a DUI arrest to be lawful, the officer must have probable cause to believe that the driver was driving or in actual physical control of a vehicle while under the influence of alcohol or drugs or that an underage driver was operating a vehicle after consuming alcohol.

Consequences of Refusing an Implied Consent Test

The consequences of a refusal generally depend on how many prior offenses the driver has that occurred within the past seven years. Prior offenses include prior DUI convictions and prior refusal-related suspensions.

First offense. For a first refusal, the driver is generally facing a 180-day license suspension.

Second offense. For a second refusal within seven years of a prior, there's a two-year license suspension.

Third offense. For a third or subsequent refusal (or qualify offense) within seven years, the driver is looking at a three-year suspension.

Contesting the Refusal Suspension

Drivers who wish to contest their refusal-related suspension can request an administrative hearing.

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