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ND HB1370

ND HB1370
Onsite screening tests and administrative hearings for refusing to submit to a chemical test.


summary

Introduced
01/13/2025
In Committee
02/14/2025
Crossed Over
Passed
Dead
05/03/2025

Introduced Session

69th Legislative Assembly

Bill Summary

A BILL for an Act to amend and reenact subsection 3 of section 39-20-05 and section 39-20-14 of the North Dakota Century Code, relating to onsite screening tests and administrative hearings for refusing to submit to a chemical test.

AI Summary

This bill amends North Dakota law to expand the types of screening tests law enforcement can conduct and clarify administrative hearing procedures related to chemical tests for suspected impaired driving. The bill allows law enforcement to request onsite screening tests of an individual's breath or oral fluid, in addition to existing breath tests, to estimate alcohol concentration or detect the presence of other drugs. During administrative hearings for refusing such tests, the scope of review will now include whether an officer had reason to believe the driver committed a moving traffic violation or a violation related to driving under the influence. The bill also modifies language around chemical test operators to include testing for "other drugs" and provides that the state's motor vehicle director may (rather than must) revoke driving privileges if an individual provides a sufficient chemical sample for testing. These changes aim to provide law enforcement with more flexible tools for screening potential impaired driving and standardize the procedures for administrative hearings and test refusals, with a particular emphasis on expanding detection capabilities beyond alcohol to include other potentially impairing substances.

Committee Categories

Transportation and Infrastructure

Sponsors (9)

Last Action

Second reading, failed to pass, yeas 16 nays 74 (on 02/17/2025)

bill text


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