CHAPTER 20.1-15INTOXICATION TESTING OF HUNTERS20.1-15-01. Implied consent to determine alcoholic and drug content of blood. Anyperson who is afield with a gun or other firearm or a bow and arrow is deemed to have given<br>consent, and shall consent, subject to this chapter, to a chemical test of the blood, breath, saliva,<br>or urine for the purpose of determining the alcoholic, other drug, or combination thereof, content<br>of the blood. As used in this chapter, "drug" means any drug or substance or combination of<br>drugs or substances which renders a person incapable of safely hunting or being afield with a<br>gun or other firearm or a bow and arrow, and "chemical test" means any test or tests to<br>determine the alcoholic, or other drug, or combination thereof, content of the blood, breath,<br>saliva, or urine, approved by the director of the state crime laboratory or the director's designee<br>under this chapter. The chemical test must be administered at the direction of a game warden or<br>a law enforcement officer only after placing the person, except persons mentioned in section<br>20.1-15-04, under arrest and informing that person that the person is or will be charged with the<br>offense of being afield with a gun or other firearm or a bow and arrow while under the influence of<br>intoxicating liquor, drugs, or a combination thereof. For the purposes of this chapter, the taking<br>into custody of a minor under section 27-20-13 satisfies the requirement of an arrest. The game<br>warden or law enforcement officer shall also inform the person charged that refusal of the person<br>to submit to the chemical test determined appropriate will result in a revocation for up to four<br>years of the person's hunting privileges. The game warden or law enforcement officer shall<br>determine the chemical test to be used. When a minor is taken into custody for violating section<br>20.1-01-06, the game warden or law enforcement officer shall diligently attempt to contact the<br>minor's parent or legal guardian to explain the cause for the custody and the implied consent<br>chemical testing requirements. Neither the game warden or law enforcement officer's efforts to<br>contact, nor any consultation with, a parent or legal guardian may be permitted to interfere with<br>the administration of chemical testing requirements under this chapter.20.1-15-02.Chemical test of hunter in serious bodily injury or fatal accident.Notwithstanding section 20.1-15-01 or 20.1-15-06, when a hunter is involved in an accident<br>resulting in the death or serious bodily injury, as defined in section 12.1-01-04, of another person,<br>and there is probable cause to believe that the hunter is in violation of section 20.1-01-06, the<br>hunter may be compelled by a game warden or a police officer to submit to a chemical test.20.1-15-03.Persons qualified to administer chemical test and opportunity foradditional test. Only an individual medically qualified to draw blood, acting at the request of a<br>game warden or a law enforcement officer, may withdraw blood for the purpose of determining<br>the alcoholic, drug, or combination thereof, content of the blood. The director of the state crime<br>laboratory or the director's designee shall determine the qualifications or credentials for being<br>medically qualified to draw blood and shall issue a list of approved designations, including<br>medical doctor and registered nurse. This limitation does not apply to the taking of a breath,<br>saliva, or urine specimen.The person tested may have an individual of that person's ownchoosing, who is medically qualified to draw blood, administer a chemical test in addition to any<br>administered at the direction of a game warden or a law enforcement officer with all costs of the<br>additional chemical test to be the responsibility of the person charged. The failure or inability to<br>obtain an additional chemical test by a person does not preclude the admission of the chemical<br>test taken at the direction of a game warden or a law enforcement officer. Upon the request of<br>the person who is tested, a copy of the operational checklist and test record of a breath sample<br>test or analytical report of a blood, urine, or saliva sample test taken at the direction of the game<br>warden or law enforcement officer must be made available to that person by the department or<br>law enforcement agency that administered the chemical test.20.1-15-04. Consent of person incapable of refusal not withdrawn. Any person whois dead, unconscious, or otherwise in a condition rendering that person incapable of refusal is<br>deemed not to have withdrawn the consent provided by section 20.1-15-01 and the chemical test<br>may be given.Page No. 120.1-15-05. Action following chemical test result for a hunter. If a person submits toa chemical test under section 20.1-15-01, 20.1-15-03, or 20.1-15-04 and the test shows that<br>person to have an alcohol, other drug, or a combination thereof concentration of at least ten<br>one-hundredths of one percent by weight at the time of the performance of the test within two<br>hours after being afield with a gun or other firearm or a bow and arrow, the following procedures<br>apply:1.The game warden or law enforcement officer shall immediately issue a statement of<br>intent to revoke, suspend, or deny hunting privileges and take possession of the<br>person's hunting license if it is then available. The issuance of a statement of intent<br>to revoke, suspend, or deny hunting privileges and the taking of possession of the<br>person's hunting license serves as the director's official notification to the person of<br>the director's intent to revoke, suspend, or deny hunting privileges in this state.2.If a chemical test administered under section 20.1-15-01 or 20.1-15-04 was by saliva<br>or urine sample or by drawing blood as provided in section 20.1-15-03 and the<br>person tested does not reside in an area in which the game warden or law<br>enforcement officer has jurisdiction, the game warden or law enforcement officer<br>shall, on receiving the analysis of the saliva, urine, or blood from the director of the<br>state crime laboratory or the director's designee and if the analysis shows that<br>person had an alcohol, other drug, or a combination thereof concentration of at least<br>ten one-hundredths of one percent by weight, either proceed in accordance with<br>subsection 1 during that person's reappearance within the game warden's or officer's<br>jurisdiction or notify a game warden or law enforcement agency having jurisdiction<br>where the person resides.On that notification, that game warden or lawenforcement agency shall immediately issue a statement of intent to revoke,<br>suspend, or deny hunting privileges and take possession of the person's hunting<br>license if it is then available and, within twenty-four hours, forward the license to the<br>game warden or law enforcement agency making the arrest or to the director. The<br>issuance of a statement of intent to revoke, suspend, or deny hunting privileges and<br>the taking of possession of the person's hunting license serves as the director's<br>official notification to the person of the director's intent to revoke, suspend, or deny<br>hunting privileges in this state.3.The game warden or law enforcement officer, within five days of issuing the<br>statement of intent and taking possession of the hunting license, shall forward to the<br>director a certified written report in the form required by the director and the person's<br>hunting license taken under subsection 1 or 2.If the notice was given and thelicense was taken because of the results of a chemical test, the report must show<br>that the game warden or officer had reasonable grounds to believe the person had<br>been afield with a gun or other firearm or a bow and arrow while in violation of<br>section 20.1-01-06, that the person was lawfully arrested, that the person was<br>chemically tested under this chapter, and that the results of the test show that the<br>person had an alcohol, other drug, or a combination thereof concentration of at least<br>ten one-hundredths of one percent by weight. In addition to the report, the game<br>warden or law enforcement officer shall forward to the director a certified copy of the<br>operational checklist and test records of a breath test and a copy of the certified<br>copy of the analytical report for a blood, saliva, or urine test for all tests administered<br>at the direction of the game warden or officer.20.1-15-06. Revocation of privilege to hunt upon refusal to submit to testing.1.If a person refuses to submit to testing under this chapter, no chemical test may be<br>given, but the game warden or law enforcement officer shall immediately issue a<br>statement of intent to revoke, suspend, or deny hunting privileges and take<br>possession of the person's hunting license if it is then available. The issuance of a<br>statement of intent to revoke, suspend, or deny hunting privileges and the taking of<br>possession of the person's hunting license serves as the director's official notification<br>to the person of the director's intent to revoke hunting privileges in this state and ofPage No. 2the hearing procedures under this chapter. The director, upon the receipt of that<br>person's hunting license and a certified written report of the game warden or law<br>enforcement officer in the form required by the director, forwarded by the warden or<br>officer within five days after issuing the statement of intent and taking possession of<br>the person's hunting license, showing that the warden or officer had reasonable<br>grounds to believe the person had been afield with a gun or other firearm or a bow<br>and arrow while in violation of section 20.1-01-06 or, for purposes of section<br>20.1-15-15, had reason to believe and had, through personal observations,<br>formulated an opinion that the person's body contains alcohol, other drugs, or a<br>combination thereof, that the person was lawfully arrested if applicable, and that the<br>person had refused to submit to the chemical test under this chapter, shall revoke<br>that person's hunting privileges for the appropriate period under this section, or if the<br>person is without hunting privileges in this state, the director shall deny to the person<br>hunting privileges for the appropriate period under this section after the date of the<br>alleged violation, subject to the opportunity for a prerevocation hearing and<br>postrevocation review as provided in this chapter. In the revocation of the person's<br>hunting privileges the director shall give credit for time in which the person was<br>without hunting privileges after the day of the person's refusal to submit to the<br>chemical test. The period of revocation or denial of hunting privileges under this<br>section is:a.Two years if the person's record shows that within the five years preceding the<br>most recent refusal under this section, the person's hunting privileges have not<br>previously been suspended, revoked, or issuance of a license denied for a<br>violation of this chapter or section 20.1-01-06.b.Three years if the person's record shows that within the five years preceding<br>the most recent refusal under this section, the person's hunting privileges have<br>been once previously suspended, revoked, or issuance of a license denied for a<br>violation of this chapter or section 20.1-01-06.c.Four years if the person's record shows that within the five years preceding the<br>most recent refusal under this section, the person's hunting privileges have at<br>least twice previously been suspended, revoked, or issuance of a license<br>denied under this chapter or for a violation of section 20.1-01-06 and the<br>suspensions, revocations, or denials resulted from at least two separate<br>arrests.2.A person's hunting privileges are not subject to revocation under this section if:a.No administrative hearing request is made under section 20.1-15-08;b.The person mails an affidavit to the director within ten days after the game<br>warden or law enforcement officer issues the statement of intent and takes<br>possession of that person's hunting license. The affidavit must state that the<br>person:(1)Intends to voluntarily plead guilty to violating section 20.1-01-06 within<br>twenty-five days after the game warden or law enforcement officer issues<br>the statement of intent and takes possession of the person's hunting<br>license;(2)Agrees that the person's hunting privileges must be suspended;(3)Acknowledges the right to a section 20.1-15-08 administrative hearing<br>and section 20.1-15-09 judicial review and voluntarily and knowingly<br>waives these rights; andPage No. 3(4)Agrees that the person's hunting privileges must be revoked as provided<br>under this section without an administrative hearing or judicial review, if<br>the person does not plead guilty within twenty-five days after the game<br>warden or law enforcement officer issues the statement of intent and<br>takes possession of the person's hunting license, or the court does not<br>accept the guilty plea, or the guilty plea is withdrawn;c.The person pleads guilty to violating section 20.1-01-06 within twenty-five days<br>after the game warden or law enforcement officer issues the statement of intent<br>and takes possession of the person's hunting license;d.The court accepts the person's guilty plea and a notice of that fact is mailed to<br>the director within twenty-five days after the game warden or law enforcement<br>officer issues the statement of intent and takes possession of the person's<br>hunting license; ande.A copy of the final order or judgment of conviction evidencing the acceptance of<br>the person's guilty plea is received by the director prior to the return or<br>reinstatement of the person's hunting privileges.3.The court shall mail a copy of an order granting a withdrawal of a guilty plea to<br>violating section 20.1-01-06 to the director within ten days after it is ordered. Upon<br>receipt of the order, the director immediately shall revoke the person's hunting<br>privileges as provided under this section without providing an administrative hearing.20.1-15-07. Administrative sanction for being afield with a gun or other firearm or abow and arrow while having certain drug concentrations.1.After the receipt of a person's hunting license, if taken under section 20.1-15-05, and<br>the certified report of a game warden or a law enforcement officer and if no written<br>request for hearing has been received from the arrested person under section<br>20.1-15-08, or if that hearing is requested and the findings, conclusion, and decision<br>from the hearing confirm that the game warden or law enforcement officer had<br>reasonable grounds to arrest the person and chemical test results show that the<br>arrested person had been afield with a gun or other firearm or a bow and arrow while<br>having an alcohol, other drug, or a combination thereof concentration of at least ten<br>one-hundredths of one percent by weight at the time of the performance of a test<br>within two hours after being afield with a gun or other firearm or a bow and arrow,<br>the director shall suspend the person's hunting privileges as follows:a.For one year if the person's record shows that, within the five years preceding<br>the date of the arrest, the person has not previously violated section 20.1-01-06<br>or the person's hunting privileges have not previously been suspended or<br>revoked under this chapter.b.For two years if the person's record shows that, within the five years preceding<br>the date of the arrest, the person has once previously violated section<br>20.1-01-06 or the person's hunting privileges have once previously been<br>suspended or revoked under this chapter.c.For three years if the person's record shows that within the five years preceding<br>the date of the arrest, the person's hunting privileges have at least twice<br>previously been suspended, revoked, or issuance denied under this chapter, or<br>for a violation of section 20.1-01-06, or any combination thereof, and the<br>suspensions, revocations, or denials resulted from at least two separate<br>arrests.2.In the suspension of the person's hunting privileges the director shall give credit for<br>the time the person was without a hunting license after the day of the offense.Page No. 420.1-15-08. Administrative hearing on request.1.Before issuing an order of suspension, revocation, or denial under section<br>20.1-15-06 or 20.1-15-07, the director shall afford that person an opportunity for a<br>hearing if the person mails a request for the hearing to the director within ten days<br>after the date the game warden or law enforcement officer issued a statement of<br>intent to revoke, suspend, or deny hunting privileges and took possession of that<br>person's hunting license. The hearing must be held within twenty-five days after the<br>date the game warden or law enforcement officer issued a statement of intent to<br>revoke, suspend, or deny hunting privileges and took possession of that person's<br>hunting license, but the hearing officer may extend the hearing to within thirty-five<br>days after the date the game warden or law enforcement officer issued a statement<br>of intent to revoke, suspend, or deny hunting privileges and took possession of that<br>person's hunting license if good cause is shown.2.If the issue to be determined by the hearing concerns suspension of hunting<br>privileges for being afield with a gun or other firearm or a bow and arrow while<br>having an alcohol, other drug, or a combination thereof concentration of at least ten<br>one-hundredths of one percent by weight, the hearing must be before a hearing<br>officer assigned by the director and at a time and place designated by the director.<br>The hearing must be recorded and its scope may cover only the issues of whether<br>the arresting warden or officer had reasonable grounds to believe the person had<br>been afield with a gun or other firearm or bow and arrow in violation of section<br>20.1-01-06; whether the person was placed under arrest; whether the person was<br>tested in accordance with section 20.1-15-01 or 20.1-15-04 and, if applicable,<br>section 20.1-15-03; and whether the chemical test results show the person had an<br>alcohol, other drug, or a combination thereof concentration of at least ten<br>one-hundredths of one percent by weight. For purposes of this section, a copy of a<br>certified copy of an analytical report of a blood, urine, or saliva sample from the<br>director of the state crime laboratory or the director's designee, or a certified copy of<br>the checklist and test records from a certified breath test operator establish prima<br>facie the alcohol, other drug, or a combination thereof concentration shown therein.<br>Whether the person was informed that the privilege to hunt might be suspended<br>based on the results of the chemical test is not an issue.3.If the issue to be determined by the hearing concerns revocation of hunting<br>privileges for refusing to submit to a chemical test under section 20.1-15-01 or<br>20.1-15-15, the hearing must be before a hearing officer assigned by the director at<br>a time and place designated by the director. The hearing must be recorded. The<br>scope of a hearing for refusing to submit to a chemical test under section 20.1-15-01<br>may cover only the issues of whether a game warden or law enforcement officer had<br>reasonable grounds to believe the person had been afield with a gun or other firearm<br>or a bow and arrow in violation of section 20.1-01-06; whether the person was<br>placed under arrest; and whether that person refused to submit to the chemical test.<br>The scope of a hearing for refusing to submit to a chemical test under section<br>20.1-15-15 may cover only the issues of whether the game warden or law<br>enforcement officer had reason to believe and had, through the officer's<br>observations, formulated an opinion that the person's body contains alcohol, other<br>drugs, or a combination thereof and whether the person refused to submit to the<br>onsite screening test. Whether the person was informed that the privilege to hunt<br>would be revoked or denied for refusal to submit to the test is not an issue.4.At a hearing under this section, the regularly kept records of the director may be<br>introduced.Those records establish prima facie their contents without furtherfoundation. For purposes of this chapter, the following are deemed regularly kept<br>records of the director: any copy of a certified copy of an analytical report of a blood,<br>urine, or saliva sample received by the director from the director of the state crime<br>laboratory or the director's designee or a game warden or a law enforcement officer,<br>a certified copy of the checklist and test records received by the director from aPage No. 5certified breath test operator, and any copy of a certified copy of a certificate of the<br>director of the state crime laboratory or the director's designee relating to approved<br>methods, devices, operators, materials, and checklists used for testing for alcohol,<br>other drug, or a combination thereof concentration received by the director from the<br>director of the state crime laboratory or the director's designee, or the recorder,<br>unless the board of county commissioners has designated a different official to<br>maintain the certificate.5.At the close of the hearing, the hearing officer shall notify the person of the hearing<br>officer's findings of fact, conclusions of law, and decision based on the findings and<br>conclusions and shall immediately deliver to the person a copy of the decision. If the<br>hearing officer does not find in favor of the person, the copy of the decision serves<br>as the director's official notification to the person of the revocation, suspension, or<br>denial of hunting privileges in this state. The hearing officer shall report the findings,<br>conclusions, and decisions to the director within ten days of the conclusion of the<br>hearing. If the hearing officer has determined in favor of the person, the director<br>shall return the person's hunting license.6.If the person who requested a hearing under this section fails to appear at the<br>hearing without justification, the right to the hearing is waived, and the hearing<br>officer's determination on the revocation, suspension, or denial of hunting privileges<br>will be based on the written request for hearing, game warden's or law enforcement<br>officer's report, and other evidence as may be available. The hearing officer shall,<br>on the date for which the hearing is scheduled, mail to the person, by regular mail, at<br>the address on file with the director, or at any other address for the person or the<br>person's legal representative supplied in the request for hearing, a copy of the<br>decision which serves as the director's official notification to the person of the<br>revocation, suspension, or denial of hunting privileges in this state.Even if theperson for whom the hearing is scheduled fails to appear at the hearing, the hearing<br>is deemed to have been held on the date for which it is scheduled for purposes of<br>appeal under section 20.1-15-09.20.1-15-09.Judicial review.Any person whose hunting privileges have beensuspended, revoked, or denied by the decision of the hearing officer under section 20.1-15-08<br>may appeal within seven days after the date of the hearing under section 20.1-15-08 as shown<br>by the date of the hearing officer's decision, notwithstanding section 28-32-42, by serving on the<br>director and filing a notice of appeal and specifications of error in the district court in the county<br>where the events occurred for which the demand for a chemical test was made or in the county<br>in which the administrative hearing was held. The court shall set the matter for hearing, and the<br>petitioner shall give twenty days' notice of the hearing to the director and to the hearing officer<br>who rendered the decision. Neither the director nor the court may stay the decision pending<br>decision on appeal. Within fifteen days after receipt of the notice of appeal, the director or the<br>hearing officer who rendered the decision shall file in the office of the clerk of court to which the<br>appeal is taken a certified transcript of the testimony and all other proceedings. This record is<br>the record on which the appeal must be determined. No additional evidence may be heard. The<br>court shall affirm the decision of the director or hearing officer unless it finds the evidence<br>insufficient to warrant the conclusion reached by the director or hearing officer. The court may<br>direct that the matter be returned to the director or hearing officer for rehearing and the<br>presentation of additional evidence.20.1-15-10. Credit for suspension of hunting privileges. After conviction of a personfor violating section 20.1-01-06, the director, in suspending the person's hunting privileges, shall<br>give credit for the time in which the suspension or revocation of hunting privileges has been or is<br>being imposed under this chapter in connection with the same offense.20.1-15-11. Interpretation of chemical tests. Upon the trial of any action or proceedingarising out of acts alleged to have been committed by any person while being afield with a gun or<br>other firearm or a bow and arrow while under the influence of intoxicating liquor, drugs, or a<br>combination thereof, evidence of the amount of alcohol, drugs, or a combination thereof in thePage No. 6person's blood at the time of the act alleged as shown by a chemical analysis of the blood,<br>breath, saliva, or urine is admissible. For the purpose of this section:1.A person having, at that time, an alcohol, other drug, or a combination thereof<br>concentration of not more than five one-hundredths of one percent by weight is<br>presumed not to be under the influence of intoxicating liquor, drugs, or a<br>combination thereof.2.Evidence that there was at that time more than five one-hundredths of one percent<br>by weight alcohol, other drug, or a combination thereof concentration in a person is<br>relevant evidence, but it is not to be given prima facie effect in indicating whether the<br>person was under the influence of intoxicating liquor, drugs, or a combination<br>thereof.3.A person having an alcohol, other drug, or a combination thereof concentration of at<br>least ten one-hundredths of one percent by weight at the time of the performance of<br>a chemical test within two hours after being afield with a gun or other firearm or a<br>bow and arrow is under the influence of intoxicating liquor, drugs, or a combination<br>thereof at the time of being afield with a gun or other firearm or bow and arrow.4.Alcohol concentration is based upon grams of alcohol per one hundred cubic<br>centimeters of blood or grams of alcohol per two hundred ten liters of end expiratory<br>breath or grams of alcohol per sixty-seven cubic centimeters of urine.5.The results of the chemical test must be received in evidence when it is shown that<br>the sample was properly obtained and the test was fairly administered, and if the test<br>is shown to have been performed according to methods and with devices approved<br>by the director of the state crime laboratory or the director's designee, and by an<br>individual possessing a certificate of qualification to administer the test issued by the<br>director of the state crime laboratory or the director's designee. The director of the<br>state crime laboratory or the director's designee is authorized to approve satisfactory<br>devices and methods of chemical tests and determine the qualifications of<br>individuals to conduct such tests, and shall issue a certificate to every qualified<br>operator.An operator shall exhibit the certificate upon demand of the personrequested to take the chemical test.6.The director of the state crime laboratory or the director's designee may appoint,<br>train, certify, and supervise field inspectors of breath testing equipment and its<br>operation, and the inspectors shall report the findings of any inspection to the<br>director of the state crime laboratory or the director's designee for appropriate action.<br>Upon approval of the methods or devices, or both, required to perform the tests and<br>the persons qualified to administer them, the director of the state crime laboratory or<br>the director's designee shall prepare and file written record of the approval with the<br>director and the recorder in each county, unless the board of county commissioners<br>designates a different official, and shall include in the record:a.An annual register of the specific testing devices currently approved, including<br>serial number, location, and the date and results of last inspection.b.An annual register of currently qualified and certified operators of the devices,<br>stating the date of certification and its expiration.c.The operational checklist and forms prescribing the methods currently<br>approved by the director of the state crime laboratory or the director's designee<br>in using the devices during the administration of the tests.The material filed under this section may be supplemented when the director of the<br>state crime laboratory or the director's designee determines it to be necessary, andPage No. 7any supplemental material has the same force and effect as the material that it<br>supplements.7.Copies of the records referred to in subsections 5 and 6, certified by the recorder, or<br>designated official, must be admitted as prima facie evidence of the matters stated<br>in the records.8.A certified copy of the analytical report of a blood, urine, or saliva test issued by the<br>director of the state crime laboratory or the director's designee must be accepted as<br>prima facie evidence of the results of a chemical test performed under this chapter.9.Notwithstanding any statute or rule to the contrary, the defendant in any criminal<br>proceeding may subpoena, without cost to the defendant, the person who conducted<br>the chemical test referred to in this section to testify at the trial on the issue of the<br>amount of alcohol, drugs, or a combination thereof in the defendant's blood, breath,<br>saliva, or urine at the time of the alleged act.10.A signed statement from the individual medically qualified to draw the blood sample<br>for testing as set forth in subsection 5 is prima facie evidence that the blood sample<br>was properly drawn and no further foundation for the admission of this evidence may<br>be required.20.1-15-12. Proof of refusal admissible in any action or proceeding. If the personunder arrest refuses to submit to the chemical test, proof of refusal is admissible in any action or<br>proceeding arising out of acts alleged to have been committed while the person was afield with a<br>gun or other firearm or bow and arrow while under the influence of intoxicating liquor, drugs, or a<br>combination thereof.20.1-15-13.Effect of evidence of chemical test.This chapter does not limit theintroduction of any other competent evidence bearing on the question of whether the person was<br>under the influence of intoxicating liquor, drugs, or a combination thereof, but, if the chemical test<br>results show an alcohol, other drug, or a combination thereof concentration of at least ten<br>one-hundredths of one percent, the purpose of the evidence must be limited to the issues of<br>probable cause, whether an arrest was made prior to the administering of the test, and the<br>validity of the test results.20.1-15-14. Liability. Any individual medically qualified to draw blood or any licensedphysician, nurse, technician, or an employee of a hospital who draws blood from any person<br>pursuant to a request of any arresting warden or officer is not liable in any civil action for<br>damages arising out of the act except for gross negligence.20.1-15-15. Screening tests. Any person who is afield with a gun or other firearm or abow and arrow is deemed to have given consent to submit to an onsite screening test of the<br>person's breath for the purpose of estimating the alcohol, other drug, or a combination thereof<br>content of the person's blood upon the request of a game warden or a law enforcement officer<br>who has reason to believe and has, through the officer's observations, formulated an opinion that<br>the person's body contains alcohol, other drugs, or a combination thereof. A person may not be<br>required to submit to a screening test of breath while at a hospital as a patient if the medical<br>practitioner in immediate charge of the person's case is not first notified of the proposal to make<br>the requirement or objects to the test on the ground that such would be prejudicial to the proper<br>care or treatment of the patient. The screening test must be performed by a game warden or an<br>enforcement officer certified as a chemical test operator by the director of the state crime<br>laboratory or the director's designee and according to methods and with devices approved by the<br>director of the state crime laboratory or the director's designee. The results of the screening test<br>must be used only for determining whether a further test is to be given under the provisions of<br>section 20.1-15-01. The officer shall inform the person that refusal of the person to submit to a<br>screening test will result in a revocation for up to four years of that person's hunting privileges. If<br>the person refuses to submit to the screening test, none may be given, but the refusal is sufficient<br>cause to revoke the person's hunting privileges in the same manner as provided in sectionPage No. 820.1-15-06, and a hearing as provided in section 20.1-15-08 and a judicial review as provided in<br>section 20.1-15-09 must be available. However, the director may not revoke a person's hunting<br>privileges for refusing to submit to a screening test requested under this section if the person<br>provides a sufficient breath, blood, or urine sample for a chemical test requested under section<br>20.1-15-01 for the same incident. This section does not supersede any provisions of sections<br>20.1-15-01 through 20.1-15-14, nor does any provision of sections 20.1-15-01 through<br>20.1-15-14 supersede this section except as provided herein. For the purposes of this section,<br>"chemical test operator" means a person certified by the director of the state crime laboratory or<br>the director's designee as qualified to perform analysis for alcohol, other drugs, or a combination<br>thereof in a person's blood, breath, saliva, or urine.Page No. 9Document Outlinechapter 20.1-15 intoxication testing of hunters
CHAPTER 20.1-15INTOXICATION TESTING OF HUNTERS20.1-15-01. Implied consent to determine alcoholic and drug content of blood. Anyperson who is afield with a gun or other firearm or a bow and arrow is deemed to have given<br>consent, and shall consent, subject to this chapter, to a chemical test of the blood, breath, saliva,<br>or urine for the purpose of determining the alcoholic, other drug, or combination thereof, content<br>of the blood. As used in this chapter, "drug" means any drug or substance or combination of<br>drugs or substances which renders a person incapable of safely hunting or being afield with a<br>gun or other firearm or a bow and arrow, and "chemical test" means any test or tests to<br>determine the alcoholic, or other drug, or combination thereof, content of the blood, breath,<br>saliva, or urine, approved by the director of the state crime laboratory or the director's designee<br>under this chapter. The chemical test must be administered at the direction of a game warden or<br>a law enforcement officer only after placing the person, except persons mentioned in section<br>20.1-15-04, under arrest and informing that person that the person is or will be charged with the<br>offense of being afield with a gun or other firearm or a bow and arrow while under the influence of<br>intoxicating liquor, drugs, or a combination thereof. For the purposes of this chapter, the taking<br>into custody of a minor under section 27-20-13 satisfies the requirement of an arrest. The game<br>warden or law enforcement officer shall also inform the person charged that refusal of the person<br>to submit to the chemical test determined appropriate will result in a revocation for up to four<br>years of the person's hunting privileges. The game warden or law enforcement officer shall<br>determine the chemical test to be used. When a minor is taken into custody for violating section<br>20.1-01-06, the game warden or law enforcement officer shall diligently attempt to contact the<br>minor's parent or legal guardian to explain the cause for the custody and the implied consent<br>chemical testing requirements. Neither the game warden or law enforcement officer's efforts to<br>contact, nor any consultation with, a parent or legal guardian may be permitted to interfere with<br>the administration of chemical testing requirements under this chapter.20.1-15-02.Chemical test of hunter in serious bodily injury or fatal accident.Notwithstanding section 20.1-15-01 or 20.1-15-06, when a hunter is involved in an accident<br>resulting in the death or serious bodily injury, as defined in section 12.1-01-04, of another person,<br>and there is probable cause to believe that the hunter is in violation of section 20.1-01-06, the<br>hunter may be compelled by a game warden or a police officer to submit to a chemical test.20.1-15-03.Persons qualified to administer chemical test and opportunity foradditional test. Only an individual medically qualified to draw blood, acting at the request of a<br>game warden or a law enforcement officer, may withdraw blood for the purpose of determining<br>the alcoholic, drug, or combination thereof, content of the blood. The director of the state crime<br>laboratory or the director's designee shall determine the qualifications or credentials for being<br>medically qualified to draw blood and shall issue a list of approved designations, including<br>medical doctor and registered nurse. This limitation does not apply to the taking of a breath,<br>saliva, or urine specimen.The person tested may have an individual of that person's ownchoosing, who is medically qualified to draw blood, administer a chemical test in addition to any<br>administered at the direction of a game warden or a law enforcement officer with all costs of the<br>additional chemical test to be the responsibility of the person charged. The failure or inability to<br>obtain an additional chemical test by a person does not preclude the admission of the chemical<br>test taken at the direction of a game warden or a law enforcement officer. Upon the request of<br>the person who is tested, a copy of the operational checklist and test record of a breath sample<br>test or analytical report of a blood, urine, or saliva sample test taken at the direction of the game<br>warden or law enforcement officer must be made available to that person by the department or<br>law enforcement agency that administered the chemical test.20.1-15-04. Consent of person incapable of refusal not withdrawn. Any person whois dead, unconscious, or otherwise in a condition rendering that person incapable of refusal is<br>deemed not to have withdrawn the consent provided by section 20.1-15-01 and the chemical test<br>may be given.Page No. 120.1-15-05. Action following chemical test result for a hunter. If a person submits toa chemical test under section 20.1-15-01, 20.1-15-03, or 20.1-15-04 and the test shows that<br>person to have an alcohol, other drug, or a combination thereof concentration of at least ten<br>one-hundredths of one percent by weight at the time of the performance of the test within two<br>hours after being afield with a gun or other firearm or a bow and arrow, the following procedures<br>apply:1.The game warden or law enforcement officer shall immediately issue a statement of<br>intent to revoke, suspend, or deny hunting privileges and take possession of the<br>person's hunting license if it is then available. The issuance of a statement of intent<br>to revoke, suspend, or deny hunting privileges and the taking of possession of the<br>person's hunting license serves as the director's official notification to the person of<br>the director's intent to revoke, suspend, or deny hunting privileges in this state.2.If a chemical test administered under section 20.1-15-01 or 20.1-15-04 was by saliva<br>or urine sample or by drawing blood as provided in section 20.1-15-03 and the<br>person tested does not reside in an area in which the game warden or law<br>enforcement officer has jurisdiction, the game warden or law enforcement officer<br>shall, on receiving the analysis of the saliva, urine, or blood from the director of the<br>state crime laboratory or the director's designee and if the analysis shows that<br>person had an alcohol, other drug, or a combination thereof concentration of at least<br>ten one-hundredths of one percent by weight, either proceed in accordance with<br>subsection 1 during that person's reappearance within the game warden's or officer's<br>jurisdiction or notify a game warden or law enforcement agency having jurisdiction<br>where the person resides.On that notification, that game warden or lawenforcement agency shall immediately issue a statement of intent to revoke,<br>suspend, or deny hunting privileges and take possession of the person's hunting<br>license if it is then available and, within twenty-four hours, forward the license to the<br>game warden or law enforcement agency making the arrest or to the director. The<br>issuance of a statement of intent to revoke, suspend, or deny hunting privileges and<br>the taking of possession of the person's hunting license serves as the director's<br>official notification to the person of the director's intent to revoke, suspend, or deny<br>hunting privileges in this state.3.The game warden or law enforcement officer, within five days of issuing the<br>statement of intent and taking possession of the hunting license, shall forward to the<br>director a certified written report in the form required by the director and the person's<br>hunting license taken under subsection 1 or 2.If the notice was given and thelicense was taken because of the results of a chemical test, the report must show<br>that the game warden or officer had reasonable grounds to believe the person had<br>been afield with a gun or other firearm or a bow and arrow while in violation of<br>section 20.1-01-06, that the person was lawfully arrested, that the person was<br>chemically tested under this chapter, and that the results of the test show that the<br>person had an alcohol, other drug, or a combination thereof concentration of at least<br>ten one-hundredths of one percent by weight. In addition to the report, the game<br>warden or law enforcement officer shall forward to the director a certified copy of the<br>operational checklist and test records of a breath test and a copy of the certified<br>copy of the analytical report for a blood, saliva, or urine test for all tests administered<br>at the direction of the game warden or officer.20.1-15-06. Revocation of privilege to hunt upon refusal to submit to testing.1.If a person refuses to submit to testing under this chapter, no chemical test may be<br>given, but the game warden or law enforcement officer shall immediately issue a<br>statement of intent to revoke, suspend, or deny hunting privileges and take<br>possession of the person's hunting license if it is then available. The issuance of a<br>statement of intent to revoke, suspend, or deny hunting privileges and the taking of<br>possession of the person's hunting license serves as the director's official notification<br>to the person of the director's intent to revoke hunting privileges in this state and ofPage No. 2the hearing procedures under this chapter. The director, upon the receipt of that<br>person's hunting license and a certified written report of the game warden or law<br>enforcement officer in the form required by the director, forwarded by the warden or<br>officer within five days after issuing the statement of intent and taking possession of<br>the person's hunting license, showing that the warden or officer had reasonable<br>grounds to believe the person had been afield with a gun or other firearm or a bow<br>and arrow while in violation of section 20.1-01-06 or, for purposes of section<br>20.1-15-15, had reason to believe and had, through personal observations,<br>formulated an opinion that the person's body contains alcohol, other drugs, or a<br>combination thereof, that the person was lawfully arrested if applicable, and that the<br>person had refused to submit to the chemical test under this chapter, shall revoke<br>that person's hunting privileges for the appropriate period under this section, or if the<br>person is without hunting privileges in this state, the director shall deny to the person<br>hunting privileges for the appropriate period under this section after the date of the<br>alleged violation, subject to the opportunity for a prerevocation hearing and<br>postrevocation review as provided in this chapter. In the revocation of the person's<br>hunting privileges the director shall give credit for time in which the person was<br>without hunting privileges after the day of the person's refusal to submit to the<br>chemical test. The period of revocation or denial of hunting privileges under this<br>section is:a.Two years if the person's record shows that within the five years preceding the<br>most recent refusal under this section, the person's hunting privileges have not<br>previously been suspended, revoked, or issuance of a license denied for a<br>violation of this chapter or section 20.1-01-06.b.Three years if the person's record shows that within the five years preceding<br>the most recent refusal under this section, the person's hunting privileges have<br>been once previously suspended, revoked, or issuance of a license denied for a<br>violation of this chapter or section 20.1-01-06.c.Four years if the person's record shows that within the five years preceding the<br>most recent refusal under this section, the person's hunting privileges have at<br>least twice previously been suspended, revoked, or issuance of a license<br>denied under this chapter or for a violation of section 20.1-01-06 and the<br>suspensions, revocations, or denials resulted from at least two separate<br>arrests.2.A person's hunting privileges are not subject to revocation under this section if:a.No administrative hearing request is made under section 20.1-15-08;b.The person mails an affidavit to the director within ten days after the game<br>warden or law enforcement officer issues the statement of intent and takes<br>possession of that person's hunting license. The affidavit must state that the<br>person:(1)Intends to voluntarily plead guilty to violating section 20.1-01-06 within<br>twenty-five days after the game warden or law enforcement officer issues<br>the statement of intent and takes possession of the person's hunting<br>license;(2)Agrees that the person's hunting privileges must be suspended;(3)Acknowledges the right to a section 20.1-15-08 administrative hearing<br>and section 20.1-15-09 judicial review and voluntarily and knowingly<br>waives these rights; andPage No. 3(4)Agrees that the person's hunting privileges must be revoked as provided<br>under this section without an administrative hearing or judicial review, if<br>the person does not plead guilty within twenty-five days after the game<br>warden or law enforcement officer issues the statement of intent and<br>takes possession of the person's hunting license, or the court does not<br>accept the guilty plea, or the guilty plea is withdrawn;c.The person pleads guilty to violating section 20.1-01-06 within twenty-five days<br>after the game warden or law enforcement officer issues the statement of intent<br>and takes possession of the person's hunting license;d.The court accepts the person's guilty plea and a notice of that fact is mailed to<br>the director within twenty-five days after the game warden or law enforcement<br>officer issues the statement of intent and takes possession of the person's<br>hunting license; ande.A copy of the final order or judgment of conviction evidencing the acceptance of<br>the person's guilty plea is received by the director prior to the return or<br>reinstatement of the person's hunting privileges.3.The court shall mail a copy of an order granting a withdrawal of a guilty plea to<br>violating section 20.1-01-06 to the director within ten days after it is ordered. Upon<br>receipt of the order, the director immediately shall revoke the person's hunting<br>privileges as provided under this section without providing an administrative hearing.20.1-15-07. Administrative sanction for being afield with a gun or other firearm or abow and arrow while having certain drug concentrations.1.After the receipt of a person's hunting license, if taken under section 20.1-15-05, and<br>the certified report of a game warden or a law enforcement officer and if no written<br>request for hearing has been received from the arrested person under section<br>20.1-15-08, or if that hearing is requested and the findings, conclusion, and decision<br>from the hearing confirm that the game warden or law enforcement officer had<br>reasonable grounds to arrest the person and chemical test results show that the<br>arrested person had been afield with a gun or other firearm or a bow and arrow while<br>having an alcohol, other drug, or a combination thereof concentration of at least ten<br>one-hundredths of one percent by weight at the time of the performance of a test<br>within two hours after being afield with a gun or other firearm or a bow and arrow,<br>the director shall suspend the person's hunting privileges as follows:a.For one year if the person's record shows that, within the five years preceding<br>the date of the arrest, the person has not previously violated section 20.1-01-06<br>or the person's hunting privileges have not previously been suspended or<br>revoked under this chapter.b.For two years if the person's record shows that, within the five years preceding<br>the date of the arrest, the person has once previously violated section<br>20.1-01-06 or the person's hunting privileges have once previously been<br>suspended or revoked under this chapter.c.For three years if the person's record shows that within the five years preceding<br>the date of the arrest, the person's hunting privileges have at least twice<br>previously been suspended, revoked, or issuance denied under this chapter, or<br>for a violation of section 20.1-01-06, or any combination thereof, and the<br>suspensions, revocations, or denials resulted from at least two separate<br>arrests.2.In the suspension of the person's hunting privileges the director shall give credit for<br>the time the person was without a hunting license after the day of the offense.Page No. 420.1-15-08. Administrative hearing on request.1.Before issuing an order of suspension, revocation, or denial under section<br>20.1-15-06 or 20.1-15-07, the director shall afford that person an opportunity for a<br>hearing if the person mails a request for the hearing to the director within ten days<br>after the date the game warden or law enforcement officer issued a statement of<br>intent to revoke, suspend, or deny hunting privileges and took possession of that<br>person's hunting license. The hearing must be held within twenty-five days after the<br>date the game warden or law enforcement officer issued a statement of intent to<br>revoke, suspend, or deny hunting privileges and took possession of that person's<br>hunting license, but the hearing officer may extend the hearing to within thirty-five<br>days after the date the game warden or law enforcement officer issued a statement<br>of intent to revoke, suspend, or deny hunting privileges and took possession of that<br>person's hunting license if good cause is shown.2.If the issue to be determined by the hearing concerns suspension of hunting<br>privileges for being afield with a gun or other firearm or a bow and arrow while<br>having an alcohol, other drug, or a combination thereof concentration of at least ten<br>one-hundredths of one percent by weight, the hearing must be before a hearing<br>officer assigned by the director and at a time and place designated by the director.<br>The hearing must be recorded and its scope may cover only the issues of whether<br>the arresting warden or officer had reasonable grounds to believe the person had<br>been afield with a gun or other firearm or bow and arrow in violation of section<br>20.1-01-06; whether the person was placed under arrest; whether the person was<br>tested in accordance with section 20.1-15-01 or 20.1-15-04 and, if applicable,<br>section 20.1-15-03; and whether the chemical test results show the person had an<br>alcohol, other drug, or a combination thereof concentration of at least ten<br>one-hundredths of one percent by weight. For purposes of this section, a copy of a<br>certified copy of an analytical report of a blood, urine, or saliva sample from the<br>director of the state crime laboratory or the director's designee, or a certified copy of<br>the checklist and test records from a certified breath test operator establish prima<br>facie the alcohol, other drug, or a combination thereof concentration shown therein.<br>Whether the person was informed that the privilege to hunt might be suspended<br>based on the results of the chemical test is not an issue.3.If the issue to be determined by the hearing concerns revocation of hunting<br>privileges for refusing to submit to a chemical test under section 20.1-15-01 or<br>20.1-15-15, the hearing must be before a hearing officer assigned by the director at<br>a time and place designated by the director. The hearing must be recorded. The<br>scope of a hearing for refusing to submit to a chemical test under section 20.1-15-01<br>may cover only the issues of whether a game warden or law enforcement officer had<br>reasonable grounds to believe the person had been afield with a gun or other firearm<br>or a bow and arrow in violation of section 20.1-01-06; whether the person was<br>placed under arrest; and whether that person refused to submit to the chemical test.<br>The scope of a hearing for refusing to submit to a chemical test under section<br>20.1-15-15 may cover only the issues of whether the game warden or law<br>enforcement officer had reason to believe and had, through the officer's<br>observations, formulated an opinion that the person's body contains alcohol, other<br>drugs, or a combination thereof and whether the person refused to submit to the<br>onsite screening test. Whether the person was informed that the privilege to hunt<br>would be revoked or denied for refusal to submit to the test is not an issue.4.At a hearing under this section, the regularly kept records of the director may be<br>introduced.Those records establish prima facie their contents without furtherfoundation. For purposes of this chapter, the following are deemed regularly kept<br>records of the director: any copy of a certified copy of an analytical report of a blood,<br>urine, or saliva sample received by the director from the director of the state crime<br>laboratory or the director's designee or a game warden or a law enforcement officer,<br>a certified copy of the checklist and test records received by the director from aPage No. 5certified breath test operator, and any copy of a certified copy of a certificate of the<br>director of the state crime laboratory or the director's designee relating to approved<br>methods, devices, operators, materials, and checklists used for testing for alcohol,<br>other drug, or a combination thereof concentration received by the director from the<br>director of the state crime laboratory or the director's designee, or the recorder,<br>unless the board of county commissioners has designated a different official to<br>maintain the certificate.5.At the close of the hearing, the hearing officer shall notify the person of the hearing<br>officer's findings of fact, conclusions of law, and decision based on the findings and<br>conclusions and shall immediately deliver to the person a copy of the decision. If the<br>hearing officer does not find in favor of the person, the copy of the decision serves<br>as the director's official notification to the person of the revocation, suspension, or<br>denial of hunting privileges in this state. The hearing officer shall report the findings,<br>conclusions, and decisions to the director within ten days of the conclusion of the<br>hearing. If the hearing officer has determined in favor of the person, the director<br>shall return the person's hunting license.6.If the person who requested a hearing under this section fails to appear at the<br>hearing without justification, the right to the hearing is waived, and the hearing<br>officer's determination on the revocation, suspension, or denial of hunting privileges<br>will be based on the written request for hearing, game warden's or law enforcement<br>officer's report, and other evidence as may be available. The hearing officer shall,<br>on the date for which the hearing is scheduled, mail to the person, by regular mail, at<br>the address on file with the director, or at any other address for the person or the<br>person's legal representative supplied in the request for hearing, a copy of the<br>decision which serves as the director's official notification to the person of the<br>revocation, suspension, or denial of hunting privileges in this state.Even if theperson for whom the hearing is scheduled fails to appear at the hearing, the hearing<br>is deemed to have been held on the date for which it is scheduled for purposes of<br>appeal under section 20.1-15-09.20.1-15-09.Judicial review.Any person whose hunting privileges have beensuspended, revoked, or denied by the decision of the hearing officer under section 20.1-15-08<br>may appeal within seven days after the date of the hearing under section 20.1-15-08 as shown<br>by the date of the hearing officer's decision, notwithstanding section 28-32-42, by serving on the<br>director and filing a notice of appeal and specifications of error in the district court in the county<br>where the events occurred for which the demand for a chemical test was made or in the county<br>in which the administrative hearing was held. The court shall set the matter for hearing, and the<br>petitioner shall give twenty days' notice of the hearing to the director and to the hearing officer<br>who rendered the decision. Neither the director nor the court may stay the decision pending<br>decision on appeal. Within fifteen days after receipt of the notice of appeal, the director or the<br>hearing officer who rendered the decision shall file in the office of the clerk of court to which the<br>appeal is taken a certified transcript of the testimony and all other proceedings. This record is<br>the record on which the appeal must be determined. No additional evidence may be heard. The<br>court shall affirm the decision of the director or hearing officer unless it finds the evidence<br>insufficient to warrant the conclusion reached by the director or hearing officer. The court may<br>direct that the matter be returned to the director or hearing officer for rehearing and the<br>presentation of additional evidence.20.1-15-10. Credit for suspension of hunting privileges. After conviction of a personfor violating section 20.1-01-06, the director, in suspending the person's hunting privileges, shall<br>give credit for the time in which the suspension or revocation of hunting privileges has been or is<br>being imposed under this chapter in connection with the same offense.20.1-15-11. Interpretation of chemical tests. Upon the trial of any action or proceedingarising out of acts alleged to have been committed by any person while being afield with a gun or<br>other firearm or a bow and arrow while under the influence of intoxicating liquor, drugs, or a<br>combination thereof, evidence of the amount of alcohol, drugs, or a combination thereof in thePage No. 6person's blood at the time of the act alleged as shown by a chemical analysis of the blood,<br>breath, saliva, or urine is admissible. For the purpose of this section:1.A person having, at that time, an alcohol, other drug, or a combination thereof<br>concentration of not more than five one-hundredths of one percent by weight is<br>presumed not to be under the influence of intoxicating liquor, drugs, or a<br>combination thereof.2.Evidence that there was at that time more than five one-hundredths of one percent<br>by weight alcohol, other drug, or a combination thereof concentration in a person is<br>relevant evidence, but it is not to be given prima facie effect in indicating whether the<br>person was under the influence of intoxicating liquor, drugs, or a combination<br>thereof.3.A person having an alcohol, other drug, or a combination thereof concentration of at<br>least ten one-hundredths of one percent by weight at the time of the performance of<br>a chemical test within two hours after being afield with a gun or other firearm or a<br>bow and arrow is under the influence of intoxicating liquor, drugs, or a combination<br>thereof at the time of being afield with a gun or other firearm or bow and arrow.4.Alcohol concentration is based upon grams of alcohol per one hundred cubic<br>centimeters of blood or grams of alcohol per two hundred ten liters of end expiratory<br>breath or grams of alcohol per sixty-seven cubic centimeters of urine.5.The results of the chemical test must be received in evidence when it is shown that<br>the sample was properly obtained and the test was fairly administered, and if the test<br>is shown to have been performed according to methods and with devices approved<br>by the director of the state crime laboratory or the director's designee, and by an<br>individual possessing a certificate of qualification to administer the test issued by the<br>director of the state crime laboratory or the director's designee. The director of the<br>state crime laboratory or the director's designee is authorized to approve satisfactory<br>devices and methods of chemical tests and determine the qualifications of<br>individuals to conduct such tests, and shall issue a certificate to every qualified<br>operator.An operator shall exhibit the certificate upon demand of the personrequested to take the chemical test.6.The director of the state crime laboratory or the director's designee may appoint,<br>train, certify, and supervise field inspectors of breath testing equipment and its<br>operation, and the inspectors shall report the findings of any inspection to the<br>director of the state crime laboratory or the director's designee for appropriate action.<br>Upon approval of the methods or devices, or both, required to perform the tests and<br>the persons qualified to administer them, the director of the state crime laboratory or<br>the director's designee shall prepare and file written record of the approval with the<br>director and the recorder in each county, unless the board of county commissioners<br>designates a different official, and shall include in the record:a.An annual register of the specific testing devices currently approved, including<br>serial number, location, and the date and results of last inspection.b.An annual register of currently qualified and certified operators of the devices,<br>stating the date of certification and its expiration.c.The operational checklist and forms prescribing the methods currently<br>approved by the director of the state crime laboratory or the director's designee<br>in using the devices during the administration of the tests.The material filed under this section may be supplemented when the director of the<br>state crime laboratory or the director's designee determines it to be necessary, andPage No. 7any supplemental material has the same force and effect as the material that it<br>supplements.7.Copies of the records referred to in subsections 5 and 6, certified by the recorder, or<br>designated official, must be admitted as prima facie evidence of the matters stated<br>in the records.8.A certified copy of the analytical report of a blood, urine, or saliva test issued by the<br>director of the state crime laboratory or the director's designee must be accepted as<br>prima facie evidence of the results of a chemical test performed under this chapter.9.Notwithstanding any statute or rule to the contrary, the defendant in any criminal<br>proceeding may subpoena, without cost to the defendant, the person who conducted<br>the chemical test referred to in this section to testify at the trial on the issue of the<br>amount of alcohol, drugs, or a combination thereof in the defendant's blood, breath,<br>saliva, or urine at the time of the alleged act.10.A signed statement from the individual medically qualified to draw the blood sample<br>for testing as set forth in subsection 5 is prima facie evidence that the blood sample<br>was properly drawn and no further foundation for the admission of this evidence may<br>be required.20.1-15-12. Proof of refusal admissible in any action or proceeding. If the personunder arrest refuses to submit to the chemical test, proof of refusal is admissible in any action or<br>proceeding arising out of acts alleged to have been committed while the person was afield with a<br>gun or other firearm or bow and arrow while under the influence of intoxicating liquor, drugs, or a<br>combination thereof.20.1-15-13.Effect of evidence of chemical test.This chapter does not limit theintroduction of any other competent evidence bearing on the question of whether the person was<br>under the influence of intoxicating liquor, drugs, or a combination thereof, but, if the chemical test<br>results show an alcohol, other drug, or a combination thereof concentration of at least ten<br>one-hundredths of one percent, the purpose of the evidence must be limited to the issues of<br>probable cause, whether an arrest was made prior to the administering of the test, and the<br>validity of the test results.20.1-15-14. Liability. Any individual medically qualified to draw blood or any licensedphysician, nurse, technician, or an employee of a hospital who draws blood from any person<br>pursuant to a request of any arresting warden or officer is not liable in any civil action for<br>damages arising out of the act except for gross negligence.20.1-15-15. Screening tests. Any person who is afield with a gun or other firearm or abow and arrow is deemed to have given consent to submit to an onsite screening test of the<br>person's breath for the purpose of estimating the alcohol, other drug, or a combination thereof<br>content of the person's blood upon the request of a game warden or a law enforcement officer<br>who has reason to believe and has, through the officer's observations, formulated an opinion that<br>the person's body contains alcohol, other drugs, or a combination thereof. A person may not be<br>required to submit to a screening test of breath while at a hospital as a patient if the medical<br>practitioner in immediate charge of the person's case is not first notified of the proposal to make<br>the requirement or objects to the test on the ground that such would be prejudicial to the proper<br>care or treatment of the patient. The screening test must be performed by a game warden or an<br>enforcement officer certified as a chemical test operator by the director of the state crime<br>laboratory or the director's designee and according to methods and with devices approved by the<br>director of the state crime laboratory or the director's designee. The results of the screening test<br>must be used only for determining whether a further test is to be given under the provisions of<br>section 20.1-15-01. The officer shall inform the person that refusal of the person to submit to a<br>screening test will result in a revocation for up to four years of that person's hunting privileges. If<br>the person refuses to submit to the screening test, none may be given, but the refusal is sufficient<br>cause to revoke the person's hunting privileges in the same manner as provided in sectionPage No. 820.1-15-06, and a hearing as provided in section 20.1-15-08 and a judicial review as provided in<br>section 20.1-15-09 must be available. However, the director may not revoke a person's hunting<br>privileges for refusing to submit to a screening test requested under this section if the person<br>provides a sufficient breath, blood, or urine sample for a chemical test requested under section<br>20.1-15-01 for the same incident. This section does not supersede any provisions of sections<br>20.1-15-01 through 20.1-15-14, nor does any provision of sections 20.1-15-01 through<br>20.1-15-14 supersede this section except as provided herein. For the purposes of this section,<br>"chemical test operator" means a person certified by the director of the state crime laboratory or<br>the director's designee as qualified to perform analysis for alcohol, other drugs, or a combination<br>thereof in a person's blood, breath, saliva, or urine.Page No. 9Document Outlinechapter 20.1-15 intoxication testing of hunters
CHAPTER 20.1-15INTOXICATION TESTING OF HUNTERS20.1-15-01. Implied consent to determine alcoholic and drug content of blood. Anyperson who is afield with a gun or other firearm or a bow and arrow is deemed to have given<br>consent, and shall consent, subject to this chapter, to a chemical test of the blood, breath, saliva,<br>or urine for the purpose of determining the alcoholic, other drug, or combination thereof, content<br>of the blood. As used in this chapter, "drug" means any drug or substance or combination of<br>drugs or substances which renders a person incapable of safely hunting or being afield with a<br>gun or other firearm or a bow and arrow, and "chemical test" means any test or tests to<br>determine the alcoholic, or other drug, or combination thereof, content of the blood, breath,<br>saliva, or urine, approved by the director of the state crime laboratory or the director's designee<br>under this chapter. The chemical test must be administered at the direction of a game warden or<br>a law enforcement officer only after placing the person, except persons mentioned in section<br>20.1-15-04, under arrest and informing that person that the person is or will be charged with the<br>offense of being afield with a gun or other firearm or a bow and arrow while under the influence of<br>intoxicating liquor, drugs, or a combination thereof. For the purposes of this chapter, the taking<br>into custody of a minor under section 27-20-13 satisfies the requirement of an arrest. The game<br>warden or law enforcement officer shall also inform the person charged that refusal of the person<br>to submit to the chemical test determined appropriate will result in a revocation for up to four<br>years of the person's hunting privileges. The game warden or law enforcement officer shall<br>determine the chemical test to be used. When a minor is taken into custody for violating section<br>20.1-01-06, the game warden or law enforcement officer shall diligently attempt to contact the<br>minor's parent or legal guardian to explain the cause for the custody and the implied consent<br>chemical testing requirements. Neither the game warden or law enforcement officer's efforts to<br>contact, nor any consultation with, a parent or legal guardian may be permitted to interfere with<br>the administration of chemical testing requirements under this chapter.20.1-15-02.Chemical test of hunter in serious bodily injury or fatal accident.Notwithstanding section 20.1-15-01 or 20.1-15-06, when a hunter is involved in an accident<br>resulting in the death or serious bodily injury, as defined in section 12.1-01-04, of another person,<br>and there is probable cause to believe that the hunter is in violation of section 20.1-01-06, the<br>hunter may be compelled by a game warden or a police officer to submit to a chemical test.20.1-15-03.Persons qualified to administer chemical test and opportunity foradditional test. Only an individual medically qualified to draw blood, acting at the request of a<br>game warden or a law enforcement officer, may withdraw blood for the purpose of determining<br>the alcoholic, drug, or combination thereof, content of the blood. The director of the state crime<br>laboratory or the director's designee shall determine the qualifications or credentials for being<br>medically qualified to draw blood and shall issue a list of approved designations, including<br>medical doctor and registered nurse. This limitation does not apply to the taking of a breath,<br>saliva, or urine specimen.The person tested may have an individual of that person's ownchoosing, who is medically qualified to draw blood, administer a chemical test in addition to any<br>administered at the direction of a game warden or a law enforcement officer with all costs of the<br>additional chemical test to be the responsibility of the person charged. The failure or inability to<br>obtain an additional chemical test by a person does not preclude the admission of the chemical<br>test taken at the direction of a game warden or a law enforcement officer. Upon the request of<br>the person who is tested, a copy of the operational checklist and test record of a breath sample<br>test or analytical report of a blood, urine, or saliva sample test taken at the direction of the game<br>warden or law enforcement officer must be made available to that person by the department or<br>law enforcement agency that administered the chemical test.20.1-15-04. Consent of person incapable of refusal not withdrawn. Any person whois dead, unconscious, or otherwise in a condition rendering that person incapable of refusal is<br>deemed not to have withdrawn the consent provided by section 20.1-15-01 and the chemical test<br>may be given.Page No. 120.1-15-05. Action following chemical test result for a hunter. If a person submits toa chemical test under section 20.1-15-01, 20.1-15-03, or 20.1-15-04 and the test shows that<br>person to have an alcohol, other drug, or a combination thereof concentration of at least ten<br>one-hundredths of one percent by weight at the time of the performance of the test within two<br>hours after being afield with a gun or other firearm or a bow and arrow, the following procedures<br>apply:1.The game warden or law enforcement officer shall immediately issue a statement of<br>intent to revoke, suspend, or deny hunting privileges and take possession of the<br>person's hunting license if it is then available. The issuance of a statement of intent<br>to revoke, suspend, or deny hunting privileges and the taking of possession of the<br>person's hunting license serves as the director's official notification to the person of<br>the director's intent to revoke, suspend, or deny hunting privileges in this state.2.If a chemical test administered under section 20.1-15-01 or 20.1-15-04 was by saliva<br>or urine sample or by drawing blood as provided in section 20.1-15-03 and the<br>person tested does not reside in an area in which the game warden or law<br>enforcement officer has jurisdiction, the game warden or law enforcement officer<br>shall, on receiving the analysis of the saliva, urine, or blood from the director of the<br>state crime laboratory or the director's designee and if the analysis shows that<br>person had an alcohol, other drug, or a combination thereof concentration of at least<br>ten one-hundredths of one percent by weight, either proceed in accordance with<br>subsection 1 during that person's reappearance within the game warden's or officer's<br>jurisdiction or notify a game warden or law enforcement agency having jurisdiction<br>where the person resides.On that notification, that game warden or lawenforcement agency shall immediately issue a statement of intent to revoke,<br>suspend, or deny hunting privileges and take possession of the person's hunting<br>license if it is then available and, within twenty-four hours, forward the license to the<br>game warden or law enforcement agency making the arrest or to the director. The<br>issuance of a statement of intent to revoke, suspend, or deny hunting privileges and<br>the taking of possession of the person's hunting license serves as the director's<br>official notification to the person of the director's intent to revoke, suspend, or deny<br>hunting privileges in this state.3.The game warden or law enforcement officer, within five days of issuing the<br>statement of intent and taking possession of the hunting license, shall forward to the<br>director a certified written report in the form required by the director and the person's<br>hunting license taken under subsection 1 or 2.If the notice was given and thelicense was taken because of the results of a chemical test, the report must show<br>that the game warden or officer had reasonable grounds to believe the person had<br>been afield with a gun or other firearm or a bow and arrow while in violation of<br>section 20.1-01-06, that the person was lawfully arrested, that the person was<br>chemically tested under this chapter, and that the results of the test show that the<br>person had an alcohol, other drug, or a combination thereof concentration of at least<br>ten one-hundredths of one percent by weight. In addition to the report, the game<br>warden or law enforcement officer shall forward to the director a certified copy of the<br>operational checklist and test records of a breath test and a copy of the certified<br>copy of the analytical report for a blood, saliva, or urine test for all tests administered<br>at the direction of the game warden or officer.20.1-15-06. Revocation of privilege to hunt upon refusal to submit to testing.1.If a person refuses to submit to testing under this chapter, no chemical test may be<br>given, but the game warden or law enforcement officer shall immediately issue a<br>statement of intent to revoke, suspend, or deny hunting privileges and take<br>possession of the person's hunting license if it is then available. The issuance of a<br>statement of intent to revoke, suspend, or deny hunting privileges and the taking of<br>possession of the person's hunting license serves as the director's official notification<br>to the person of the director's intent to revoke hunting privileges in this state and ofPage No. 2the hearing procedures under this chapter. The director, upon the receipt of that<br>person's hunting license and a certified written report of the game warden or law<br>enforcement officer in the form required by the director, forwarded by the warden or<br>officer within five days after issuing the statement of intent and taking possession of<br>the person's hunting license, showing that the warden or officer had reasonable<br>grounds to believe the person had been afield with a gun or other firearm or a bow<br>and arrow while in violation of section 20.1-01-06 or, for purposes of section<br>20.1-15-15, had reason to believe and had, through personal observations,<br>formulated an opinion that the person's body contains alcohol, other drugs, or a<br>combination thereof, that the person was lawfully arrested if applicable, and that the<br>person had refused to submit to the chemical test under this chapter, shall revoke<br>that person's hunting privileges for the appropriate period under this section, or if the<br>person is without hunting privileges in this state, the director shall deny to the person<br>hunting privileges for the appropriate period under this section after the date of the<br>alleged violation, subject to the opportunity for a prerevocation hearing and<br>postrevocation review as provided in this chapter. In the revocation of the person's<br>hunting privileges the director shall give credit for time in which the person was<br>without hunting privileges after the day of the person's refusal to submit to the<br>chemical test. The period of revocation or denial of hunting privileges under this<br>section is:a.Two years if the person's record shows that within the five years preceding the<br>most recent refusal under this section, the person's hunting privileges have not<br>previously been suspended, revoked, or issuance of a license denied for a<br>violation of this chapter or section 20.1-01-06.b.Three years if the person's record shows that within the five years preceding<br>the most recent refusal under this section, the person's hunting privileges have<br>been once previously suspended, revoked, or issuance of a license denied for a<br>violation of this chapter or section 20.1-01-06.c.Four years if the person's record shows that within the five years preceding the<br>most recent refusal under this section, the person's hunting privileges have at<br>least twice previously been suspended, revoked, or issuance of a license<br>denied under this chapter or for a violation of section 20.1-01-06 and the<br>suspensions, revocations, or denials resulted from at least two separate<br>arrests.2.A person's hunting privileges are not subject to revocation under this section if:a.No administrative hearing request is made under section 20.1-15-08;b.The person mails an affidavit to the director within ten days after the game<br>warden or law enforcement officer issues the statement of intent and takes<br>possession of that person's hunting license. The affidavit must state that the<br>person:(1)Intends to voluntarily plead guilty to violating section 20.1-01-06 within<br>twenty-five days after the game warden or law enforcement officer issues<br>the statement of intent and takes possession of the person's hunting<br>license;(2)Agrees that the person's hunting privileges must be suspended;(3)Acknowledges the right to a section 20.1-15-08 administrative hearing<br>and section 20.1-15-09 judicial review and voluntarily and knowingly<br>waives these rights; andPage No. 3(4)Agrees that the person's hunting privileges must be revoked as provided<br>under this section without an administrative hearing or judicial review, if<br>the person does not plead guilty within twenty-five days after the game<br>warden or law enforcement officer issues the statement of intent and<br>takes possession of the person's hunting license, or the court does not<br>accept the guilty plea, or the guilty plea is withdrawn;c.The person pleads guilty to violating section 20.1-01-06 within twenty-five days<br>after the game warden or law enforcement officer issues the statement of intent<br>and takes possession of the person's hunting license;d.The court accepts the person's guilty plea and a notice of that fact is mailed to<br>the director within twenty-five days after the game warden or law enforcement<br>officer issues the statement of intent and takes possession of the person's<br>hunting license; ande.A copy of the final order or judgment of conviction evidencing the acceptance of<br>the person's guilty plea is received by the director prior to the return or<br>reinstatement of the person's hunting privileges.3.The court shall mail a copy of an order granting a withdrawal of a guilty plea to<br>violating section 20.1-01-06 to the director within ten days after it is ordered. Upon<br>receipt of the order, the director immediately shall revoke the person's hunting<br>privileges as provided under this section without providing an administrative hearing.20.1-15-07. Administrative sanction for being afield with a gun or other firearm or abow and arrow while having certain drug concentrations.1.After the receipt of a person's hunting license, if taken under section 20.1-15-05, and<br>the certified report of a game warden or a law enforcement officer and if no written<br>request for hearing has been received from the arrested person under section<br>20.1-15-08, or if that hearing is requested and the findings, conclusion, and decision<br>from the hearing confirm that the game warden or law enforcement officer had<br>reasonable grounds to arrest the person and chemical test results show that the<br>arrested person had been afield with a gun or other firearm or a bow and arrow while<br>having an alcohol, other drug, or a combination thereof concentration of at least ten<br>one-hundredths of one percent by weight at the time of the performance of a test<br>within two hours after being afield with a gun or other firearm or a bow and arrow,<br>the director shall suspend the person's hunting privileges as follows:a.For one year if the person's record shows that, within the five years preceding<br>the date of the arrest, the person has not previously violated section 20.1-01-06<br>or the person's hunting privileges have not previously been suspended or<br>revoked under this chapter.b.For two years if the person's record shows that, within the five years preceding<br>the date of the arrest, the person has once previously violated section<br>20.1-01-06 or the person's hunting privileges have once previously been<br>suspended or revoked under this chapter.c.For three years if the person's record shows that within the five years preceding<br>the date of the arrest, the person's hunting privileges have at least twice<br>previously been suspended, revoked, or issuance denied under this chapter, or<br>for a violation of section 20.1-01-06, or any combination thereof, and the<br>suspensions, revocations, or denials resulted from at least two separate<br>arrests.2.In the suspension of the person's hunting privileges the director shall give credit for<br>the time the person was without a hunting license after the day of the offense.Page No. 420.1-15-08. Administrative hearing on request.1.Before issuing an order of suspension, revocation, or denial under section<br>20.1-15-06 or 20.1-15-07, the director shall afford that person an opportunity for a<br>hearing if the person mails a request for the hearing to the director within ten days<br>after the date the game warden or law enforcement officer issued a statement of<br>intent to revoke, suspend, or deny hunting privileges and took possession of that<br>person's hunting license. The hearing must be held within twenty-five days after the<br>date the game warden or law enforcement officer issued a statement of intent to<br>revoke, suspend, or deny hunting privileges and took possession of that person's<br>hunting license, but the hearing officer may extend the hearing to within thirty-five<br>days after the date the game warden or law enforcement officer issued a statement<br>of intent to revoke, suspend, or deny hunting privileges and took possession of that<br>person's hunting license if good cause is shown.2.If the issue to be determined by the hearing concerns suspension of hunting<br>privileges for being afield with a gun or other firearm or a bow and arrow while<br>having an alcohol, other drug, or a combination thereof concentration of at least ten<br>one-hundredths of one percent by weight, the hearing must be before a hearing<br>officer assigned by the director and at a time and place designated by the director.<br>The hearing must be recorded and its scope may cover only the issues of whether<br>the arresting warden or officer had reasonable grounds to believe the person had<br>been afield with a gun or other firearm or bow and arrow in violation of section<br>20.1-01-06; whether the person was placed under arrest; whether the person was<br>tested in accordance with section 20.1-15-01 or 20.1-15-04 and, if applicable,<br>section 20.1-15-03; and whether the chemical test results show the person had an<br>alcohol, other drug, or a combination thereof concentration of at least ten<br>one-hundredths of one percent by weight. For purposes of this section, a copy of a<br>certified copy of an analytical report of a blood, urine, or saliva sample from the<br>director of the state crime laboratory or the director's designee, or a certified copy of<br>the checklist and test records from a certified breath test operator establish prima<br>facie the alcohol, other drug, or a combination thereof concentration shown therein.<br>Whether the person was informed that the privilege to hunt might be suspended<br>based on the results of the chemical test is not an issue.3.If the issue to be determined by the hearing concerns revocation of hunting<br>privileges for refusing to submit to a chemical test under section 20.1-15-01 or<br>20.1-15-15, the hearing must be before a hearing officer assigned by the director at<br>a time and place designated by the director. The hearing must be recorded. The<br>scope of a hearing for refusing to submit to a chemical test under section 20.1-15-01<br>may cover only the issues of whether a game warden or law enforcement officer had<br>reasonable grounds to believe the person had been afield with a gun or other firearm<br>or a bow and arrow in violation of section 20.1-01-06; whether the person was<br>placed under arrest; and whether that person refused to submit to the chemical test.<br>The scope of a hearing for refusing to submit to a chemical test under section<br>20.1-15-15 may cover only the issues of whether the game warden or law<br>enforcement officer had reason to believe and had, through the officer's<br>observations, formulated an opinion that the person's body contains alcohol, other<br>drugs, or a combination thereof and whether the person refused to submit to the<br>onsite screening test. Whether the person was informed that the privilege to hunt<br>would be revoked or denied for refusal to submit to the test is not an issue.4.At a hearing under this section, the regularly kept records of the director may be<br>introduced.Those records establish prima facie their contents without furtherfoundation. For purposes of this chapter, the following are deemed regularly kept<br>records of the director: any copy of a certified copy of an analytical report of a blood,<br>urine, or saliva sample received by the director from the director of the state crime<br>laboratory or the director's designee or a game warden or a law enforcement officer,<br>a certified copy of the checklist and test records received by the director from aPage No. 5certified breath test operator, and any copy of a certified copy of a certificate of the<br>director of the state crime laboratory or the director's designee relating to approved<br>methods, devices, operators, materials, and checklists used for testing for alcohol,<br>other drug, or a combination thereof concentration received by the director from the<br>director of the state crime laboratory or the director's designee, or the recorder,<br>unless the board of county commissioners has designated a different official to<br>maintain the certificate.5.At the close of the hearing, the hearing officer shall notify the person of the hearing<br>officer's findings of fact, conclusions of law, and decision based on the findings and<br>conclusions and shall immediately deliver to the person a copy of the decision. If the<br>hearing officer does not find in favor of the person, the copy of the decision serves<br>as the director's official notification to the person of the revocation, suspension, or<br>denial of hunting privileges in this state. The hearing officer shall report the findings,<br>conclusions, and decisions to the director within ten days of the conclusion of the<br>hearing. If the hearing officer has determined in favor of the person, the director<br>shall return the person's hunting license.6.If the person who requested a hearing under this section fails to appear at the<br>hearing without justification, the right to the hearing is waived, and the hearing<br>officer's determination on the revocation, suspension, or denial of hunting privileges<br>will be based on the written request for hearing, game warden's or law enforcement<br>officer's report, and other evidence as may be available. The hearing officer shall,<br>on the date for which the hearing is scheduled, mail to the person, by regular mail, at<br>the address on file with the director, or at any other address for the person or the<br>person's legal representative supplied in the request for hearing, a copy of the<br>decision which serves as the director's official notification to the person of the<br>revocation, suspension, or denial of hunting privileges in this state.Even if theperson for whom the hearing is scheduled fails to appear at the hearing, the hearing<br>is deemed to have been held on the date for which it is scheduled for purposes of<br>appeal under section 20.1-15-09.20.1-15-09.Judicial review.Any person whose hunting privileges have beensuspended, revoked, or denied by the decision of the hearing officer under section 20.1-15-08<br>may appeal within seven days after the date of the hearing under section 20.1-15-08 as shown<br>by the date of the hearing officer's decision, notwithstanding section 28-32-42, by serving on the<br>director and filing a notice of appeal and specifications of error in the district court in the county<br>where the events occurred for which the demand for a chemical test was made or in the county<br>in which the administrative hearing was held. The court shall set the matter for hearing, and the<br>petitioner shall give twenty days' notice of the hearing to the director and to the hearing officer<br>who rendered the decision. Neither the director nor the court may stay the decision pending<br>decision on appeal. Within fifteen days after receipt of the notice of appeal, the director or the<br>hearing officer who rendered the decision shall file in the office of the clerk of court to which the<br>appeal is taken a certified transcript of the testimony and all other proceedings. This record is<br>the record on which the appeal must be determined. No additional evidence may be heard. The<br>court shall affirm the decision of the director or hearing officer unless it finds the evidence<br>insufficient to warrant the conclusion reached by the director or hearing officer. The court may<br>direct that the matter be returned to the director or hearing officer for rehearing and the<br>presentation of additional evidence.20.1-15-10. Credit for suspension of hunting privileges. After conviction of a personfor violating section 20.1-01-06, the director, in suspending the person's hunting privileges, shall<br>give credit for the time in which the suspension or revocation of hunting privileges has been or is<br>being imposed under this chapter in connection with the same offense.20.1-15-11. Interpretation of chemical tests. Upon the trial of any action or proceedingarising out of acts alleged to have been committed by any person while being afield with a gun or<br>other firearm or a bow and arrow while under the influence of intoxicating liquor, drugs, or a<br>combination thereof, evidence of the amount of alcohol, drugs, or a combination thereof in thePage No. 6person's blood at the time of the act alleged as shown by a chemical analysis of the blood,<br>breath, saliva, or urine is admissible. For the purpose of this section:1.A person having, at that time, an alcohol, other drug, or a combination thereof<br>concentration of not more than five one-hundredths of one percent by weight is<br>presumed not to be under the influence of intoxicating liquor, drugs, or a<br>combination thereof.2.Evidence that there was at that time more than five one-hundredths of one percent<br>by weight alcohol, other drug, or a combination thereof concentration in a person is<br>relevant evidence, but it is not to be given prima facie effect in indicating whether the<br>person was under the influence of intoxicating liquor, drugs, or a combination<br>thereof.3.A person having an alcohol, other drug, or a combination thereof concentration of at<br>least ten one-hundredths of one percent by weight at the time of the performance of<br>a chemical test within two hours after being afield with a gun or other firearm or a<br>bow and arrow is under the influence of intoxicating liquor, drugs, or a combination<br>thereof at the time of being afield with a gun or other firearm or bow and arrow.4.Alcohol concentration is based upon grams of alcohol per one hundred cubic<br>centimeters of blood or grams of alcohol per two hundred ten liters of end expiratory<br>breath or grams of alcohol per sixty-seven cubic centimeters of urine.5.The results of the chemical test must be received in evidence when it is shown that<br>the sample was properly obtained and the test was fairly administered, and if the test<br>is shown to have been performed according to methods and with devices approved<br>by the director of the state crime laboratory or the director's designee, and by an<br>individual possessing a certificate of qualification to administer the test issued by the<br>director of the state crime laboratory or the director's designee. The director of the<br>state crime laboratory or the director's designee is authorized to approve satisfactory<br>devices and methods of chemical tests and determine the qualifications of<br>individuals to conduct such tests, and shall issue a certificate to every qualified<br>operator.An operator shall exhibit the certificate upon demand of the personrequested to take the chemical test.6.The director of the state crime laboratory or the director's designee may appoint,<br>train, certify, and supervise field inspectors of breath testing equipment and its<br>operation, and the inspectors shall report the findings of any inspection to the<br>director of the state crime laboratory or the director's designee for appropriate action.<br>Upon approval of the methods or devices, or both, required to perform the tests and<br>the persons qualified to administer them, the director of the state crime laboratory or<br>the director's designee shall prepare and file written record of the approval with the<br>director and the recorder in each county, unless the board of county commissioners<br>designates a different official, and shall include in the record:a.An annual register of the specific testing devices currently approved, including<br>serial number, location, and the date and results of last inspection.b.An annual register of currently qualified and certified operators of the devices,<br>stating the date of certification and its expiration.c.The operational checklist and forms prescribing the methods currently<br>approved by the director of the state crime laboratory or the director's designee<br>in using the devices during the administration of the tests.The material filed under this section may be supplemented when the director of the<br>state crime laboratory or the director's designee determines it to be necessary, andPage No. 7any supplemental material has the same force and effect as the material that it<br>supplements.7.Copies of the records referred to in subsections 5 and 6, certified by the recorder, or<br>designated official, must be admitted as prima facie evidence of the matters stated<br>in the records.8.A certified copy of the analytical report of a blood, urine, or saliva test issued by the<br>director of the state crime laboratory or the director's designee must be accepted as<br>prima facie evidence of the results of a chemical test performed under this chapter.9.Notwithstanding any statute or rule to the contrary, the defendant in any criminal<br>proceeding may subpoena, without cost to the defendant, the person who conducted<br>the chemical test referred to in this section to testify at the trial on the issue of the<br>amount of alcohol, drugs, or a combination thereof in the defendant's blood, breath,<br>saliva, or urine at the time of the alleged act.10.A signed statement from the individual medically qualified to draw the blood sample<br>for testing as set forth in subsection 5 is prima facie evidence that the blood sample<br>was properly drawn and no further foundation for the admission of this evidence may<br>be required.20.1-15-12. Proof of refusal admissible in any action or proceeding. If the personunder arrest refuses to submit to the chemical test, proof of refusal is admissible in any action or<br>proceeding arising out of acts alleged to have been committed while the person was afield with a<br>gun or other firearm or bow and arrow while under the influence of intoxicating liquor, drugs, or a<br>combination thereof.20.1-15-13.Effect of evidence of chemical test.This chapter does not limit theintroduction of any other competent evidence bearing on the question of whether the person was<br>under the influence of intoxicating liquor, drugs, or a combination thereof, but, if the chemical test<br>results show an alcohol, other drug, or a combination thereof concentration of at least ten<br>one-hundredths of one percent, the purpose of the evidence must be limited to the issues of<br>probable cause, whether an arrest was made prior to the administering of the test, and the<br>validity of the test results.20.1-15-14. Liability. Any individual medically qualified to draw blood or any licensedphysician, nurse, technician, or an employee of a hospital who draws blood from any person<br>pursuant to a request of any arresting warden or officer is not liable in any civil action for<br>damages arising out of the act except for gross negligence.20.1-15-15. Screening tests. Any person who is afield with a gun or other firearm or abow and arrow is deemed to have given consent to submit to an onsite screening test of the<br>person's breath for the purpose of estimating the alcohol, other drug, or a combination thereof<br>content of the person's blood upon the request of a game warden or a law enforcement officer<br>who has reason to believe and has, through the officer's observations, formulated an opinion that<br>the person's body contains alcohol, other drugs, or a combination thereof. A person may not be<br>required to submit to a screening test of breath while at a hospital as a patient if the medical<br>practitioner in immediate charge of the person's case is not first notified of the proposal to make<br>the requirement or objects to the test on the ground that such would be prejudicial to the proper<br>care or treatment of the patient. The screening test must be performed by a game warden or an<br>enforcement officer certified as a chemical test operator by the director of the state crime<br>laboratory or the director's designee and according to methods and with devices approved by the<br>director of the state crime laboratory or the director's designee. The results of the screening test<br>must be used only for determining whether a further test is to be given under the provisions of<br>section 20.1-15-01. The officer shall inform the person that refusal of the person to submit to a<br>screening test will result in a revocation for up to four years of that person's hunting privileges. If<br>the person refuses to submit to the screening test, none may be given, but the refusal is sufficient<br>cause to revoke the person's hunting privileges in the same manner as provided in sectionPage No. 820.1-15-06, and a hearing as provided in section 20.1-15-08 and a judicial review as provided in<br>section 20.1-15-09 must be available. However, the director may not revoke a person's hunting<br>privileges for refusing to submit to a screening test requested under this section if the person<br>provides a sufficient breath, blood, or urine sample for a chemical test requested under section<br>20.1-15-01 for the same incident. This section does not supersede any provisions of sections<br>20.1-15-01 through 20.1-15-14, nor does any provision of sections 20.1-15-01 through<br>20.1-15-14 supersede this section except as provided herein. For the purposes of this section,<br>"chemical test operator" means a person certified by the director of the state crime laboratory or<br>the director's designee as qualified to perform analysis for alcohol, other drugs, or a combination<br>thereof in a person's blood, breath, saliva, or urine.Page No. 9Document Outlinechapter 20.1-15 intoxication testing of hunters
