North Dakota’s DUI Implied Consent Law and Refusing a Breathalyzer or BAC 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. These tests are used 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.

North Dakota's 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.

Penalties for Refusing a Breathalyzer or BAC Test in North Dakota

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.

Consequences of a 1st Implied Consent Violation in North Dakota

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

Consequences of a 2nd Implied Consent Violation in North Dakota

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

Consequences of a 2nd Implied Consent Violation in North Dakota

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

Talk to an Attorney About Breathalyzers and Fighting an Implied Consent Suspension

Drivers who wish to contest their refusal-related suspension can request an administrative hearing. However, it's always a good idea to talk to an attorney as soon as possible following a DUI arrest. A qualified attorney can review your case and help you decide on the best course of action.