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North Dakota driving lesson · Alcohol, Drugs & DUI

Implied consent & test refusal

A 2-minute lesson from the North Dakota course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

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Read time
2 minutes
Course unit
Alcohol, Drugs & DUI
Checkpoint questions
3
Source pages
40, 41

By getting a North Dakota license, you've already agreed to chemical testing if an officer asks. Refusing doesn't help you. It brings a revocation that can last up to three years.

Implied consent

By receiving a ND license, you've consented to a chemical test of your blood, breath, urine or saliva to find its alcohol and/or drug content.

Handbook p. 40 ↗
180 days to 3 years

License revocation for refusing a chemical test

Handbook p. 40 ↗

Know the rule

Refusing either an AC test or a roadside preliminary breath test (PBT) brings a revocation of 180 days to three years.

Handbook p. 40 ↗

Preliminary breath test (PBT)

A roadside breath test. Refusing it carries the same 180-day to three-year revocation as refusing an AC test.

Handbook p. 40 ↗

Know the rule

A chemical test can help you: if you are not legally intoxicated, the test will show it.

Handbook p. 40 ↗

Know the rule

Refusing an AC test also means you must show proof of financial responsibility (SR 22 insurance coverage).

Handbook p. 41 ↗

Know the rule

The administrative penalty and the court penalty are separate. Your license can be suspended through either process, or both.

Handbook p. 40 ↗

Know the rule

A temporary restricted license can be issued after serving at least 30 days of suspension, or at least 14 days in the 24/7 Sobriety Program.

Handbook p. 40 ↗

Put it into practice

An officer asks you to take a roadside breath test. Refusing isn't a way out. It brings a revocation of 180 days to three years, plus an SR 22 insurance requirement.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

By obtaining a North Dakota driver's license, what have you already consented to?
  1. Mandatory drug testing every year
  2. Automatic license suspension if pulled over
  3. A random search of your vehicle at any time
  4. A chemical test for alcohol or drug content in your blood, breath, urine, or saliva

Answer: A chemical test for alcohol or drug content in your blood, breath, urine, or saliva

Receiving a North Dakota license means you have given implied consent to a chemical test for alcohol or drug content.

Handbook p. 40 ↗
How long is your license revoked if you refuse a chemical or roadside preliminary breath test?
  1. One year only
  2. 30 to 90 days
  3. There is no penalty for refusing
  4. 180 days to three years

Answer: 180 days to three years

Refusing a chemical test or roadside preliminary breath test results in license revocation for 180 days to three years.

Handbook p. 40 ↗
A chemical test can only hurt you legally; it can never show that you are not intoxicated.
  1. True
  2. False

Answer: False

The handbook notes a chemical test can help you, since it will show you are not legally intoxicated if that is true.

Handbook p. 40 ↗
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