38.02.260 Screening Test

Any person who operates a motor vehicle upon the public highways of the Turtle Mountain Reservation is deemed to have given consent to submit to an onsite screening test or tests of the person's breath for the purpose of estimating the alcohol content of the person's blood upon the request of a law enforcement officer who has reason to believe that the person committed a moving traffic violation or was involved in a traffic accident as a driver, and in conjunction with the violation or the accident the officer has, through the officer's observation, formulated an opinion that the person's body contains alcohol. A person may not be required to submit to a screening test or tests of breath while at a hospital as a patient if the medical practitioner in immediate charge of the person's case is not first notified of the proposal to make the requirement, or objects to the test or tests on the ground that such would be prejudicial to the proper care of treatment of the patient. The screening test or tests must be performed by an enforcement officer certified as a chemical test operator by the state toxicologist and according to methods and with devices approved by the state toxicologist. The results of such screening test must be used only for determining whether or not a further test shall be given under the provisions of Section 38.02.100. The officer shall inform the person that refusal of the person to submit to a screening test will result in a revocation for up to three years of that person's driving privileges. If such person refuses to submit to such screening test or tests, none may be given, but such refusal is sufficient cause to revoke such person's license or permit to drive in the same manner as provided in Section 38.02.160 and a hearing as provided in Section 38.02.180 and a judicial review as provided in Section 38.02.190 must be available. However, the commissioner must not revoke a person's driving privileges for refusing to submit to a screening test requested under this section if the person provides a sufficient breath, blood, or urine sample for a chemical test requested under Section 38.02.100 for the same incident. No provisions of this section may supercede any provisions of this chapter, nor may any provision of this chapter be construed to supersede this section except as provided herein. For the purposes of this section, "Chemical test operator" means a person. certified by the state toxicologist as qualified to perform analysis for alcohol in a person's blood, breath, saliva, or urine.