North Dakota Code § 20.1-15-05

Action following chemical test result for a hunter
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If a person submits to a chemical test under section 20.1 -15-01, 20.1-15-03, or 20.1-15-04 
and the test shows that person to have an alcohol, other drug, or a combination thereof 
concentration of at least ten one -hundredths of one percent by weight at the time of the 
performance of the test within two hours after being afield with a gun or other firearm or a bow 
and arrow, the following procedures apply:
1. The game warden or law enforcement officer shall immediately issue a statement of 
intent to revoke, suspend, or deny hunting privileges and take possession of the 
person's hunting license if it is then available. The issuance of a statement of intent to 
revoke, suspend, or deny hunting privileges and the taking of possession of the 
person's hunting license serves as the director's official notification to the person of 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 urine 
sample or by drawing blood as provided in section 20.1-15-03 and the individual tested 
does not reside in an area in which the game warden or law enforcement officer has 
jurisdiction, the game warden or law enforcement officer shall, on receiving the 
analysis of the urine or blood from the director of the state crime laboratory or the 
director's designee and if the analysis shows that individual had an alcohol, other drug, 
or a combination thereof concentration of at least ten one -hundredths of one percent 
by weight, either proceed in accordance with subsection 1 during that individual's 
reappearance within the game warden's or officer's jurisdiction or notify a game 
warden or law enforcement agency having jurisdiction where the individual resides. On 
that notification, that game warden or law enforcement agency shall immediately issue 
a statement of intent to revoke, suspend, or deny hunting privileges and take 
possession of the individual's hunting license if it is then available and, within 
twenty-four hours, forward the license to the game warden or law enforcement agency 
making the arrest or to the director. The issuance of a statement of intent to revoke, 
suspend, or deny hunting privileges and the taking of possession of the individual's 
hunting license serves as the director's official notification to the individual of the 
director's intent to revoke, suspend, or deny hunting privileges in this state.
3. The game warden or law enforcement officer, within five days of issuing the statement 
of intent and taking possession of the hunting license, shall forward to the director a 
certified written report in the form required by the director and the individual's hunting 
license taken under subsection 1 or 2. If the notice was given and the license was 
taken because of the results of a chemical test, the report must show that the game 
warden or officer had reasonable grounds to believe the individual had been afield with 
a gun or other firearm or a bow and arrow while in violation of section 20.1 -01-06, that 
the individual was lawfully arrested, that the individual was chemically tested under 
this chapter, and that the results of the test show that the individual had an alcohol, 
other drug, or a combination thereof concentration of at least ten one -hundredths of 
one percent by weight. In addition to the report, the game warden or law enforcement 
officer shall forward to the director a certified copy of the operational checklist and test 
records of a breath test and a copy of the certified copy of the analytical report for a 

blood or urine test for all tests administered at the direction of the game warden or 
officer.

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