38.02.150 Action Following Test Result or on Refusing Test by Nonresident Operator

If a person licensed in another state refuses in this state to submit to a test provided under Section 38.02.100 or who submits to a test under Section 38.02.100, Section 38.02.120 or Section 38.02.130 and the test results show the person to have a blood alcohol concentration of at least ten one-hundredths of one percent by weight at the time of performance of a test within two hours after driving or being in physical control of a motor vehicle, the following procedures apply:

(a) Without taking possession of the person's out-of-state operator's license, the law enforcement officer shall issue to the person a notification of the test results and a temporary operator's permit extending nonresident operating privileges in this state for twenty-five days from the date of issuance or until earlier terminated by the decision of a hearing officer under Section 38.02.120. The temporary permit must be signed and dated by the officer and serves as the director's official notification to the person of the director's intent to revoke, suspend, or deny driving privileges in this state, and of the hearing procedures under this chapter.

(b) If the test was administered by saliva or urine sample or by drawing blood,' the law enforcement officer, on reviewing the blood alcohol concentration analysis showing the person had a blood alcohol concentration of at least ten one-hundredths of one percent by weight, shall mail the person a notification of the test results, a temporary operator's permit extending nonresident operating privileges in this state for twenty-five days from the date of mailing or until earlier terminated by the decision of a hearing officer under Section 38.02.180, and notice of the intent to revoke, suspend, or deny driving privileges in this state, together with the notice provided under section N.D.C.C. of the procedures available under this chapter. The temporary operator's permit must be signed and dated by the officer.

(c) The law enforcement officer, within five days of issuing the temporary operator's permit, shall forward to the director certified written report in the form required by the director and 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, saliva, or urine test for all tests administered at the direction of the officer. If the person was issued a temporary operator's permit because of the person's refusal to submit to a test under Section 38.02.100 and Section 38.02.160, the report must include information as provided in Section 38.02.160. If the person was issued a temporary operator's permit because of the results of a test, the report must show that the officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while in violation of Section 38.02.080, or equivalent ordinance, that the person was lawfully arrested, that the person was tested for blood alcohol concentration under this chapter, and that the results of the test show that the person had a blood alcohol concentration of at least ten one-hundredths of one percent by weight.