Onsite screening tests and administrative hearings for refusing to submit to a chemical test.
Impact
The amendments specified in HB1370 provide clarity on what constitutes reasonable grounds for law enforcement requests for testing and the circumstances under which individuals may refuse to submit to screenings. Moreover, the bill outlines the consequences of refusal, which could include revocation of driving privileges ranging from 180 days to three years, with specific guidelines on how the revocation process will be managed, including the availability of hearings and judicial reviews.
Summary
House Bill 1370 introduces amendments to existing laws in North Dakota concerning the procedures for onsite screening tests and administrative hearings linked to refusals of chemical tests. The bill states that any individual operating a motor vehicle is deemed to have given consent for onsite screening tests which can assess the presence of alcohol or drugs. Law enforcement officers must have reasonable grounds to believe that a violation has occurred to request such tests, ensuring a basis for their potential actions.
Contention
While this bill seeks to streamline procedures related to alcohol and drug testing for drivers, it may face debate regarding the implications for personal rights and the powers of law enforcement. Critics may argue that mandatory testing could infringe on individual freedoms, especially concerning how tests are administered and the rationale behind law enforcement's authority in these situations. Supporters may advocate for the public safety benefits of the bill and its role in addressing impaired driving more effectively.
Collection of samples for DNA testing and chemical tests to determine alcohol concentration and presence of drugs for individuals operating motor vehicles; and to declare an emergency.
Definitions relating to multipassenger bicycles, driving while under the influence of intoxicating liquor, open container prohibition, and exempting multipassenger bicycles from the point system; to provide a penalty; and to declare an emergency.
Suspension of an operator's license for nonpayment of child support, the issuance of a temporary permit, authority to suspend an operator's license for failure to pay a fine, hearings on suspension or revocation of license, license reinstatement fees, temporary restricted licenses, and entries on driver's record abstract; to provide for a legislative management study; and to provide a penalty.
Suspension of the electronic alcohol monitoring and sobriety breath testing requirement during drug court program participation; and to declare an emergency.
The special punishment for causing injury or death while operating a vehicle while under the influence of alcohol or any other drugs or substances, driving while under the influence of alcohol or any other drugs or substances while being accompanied by a minor, entering a closed road, and a lamp or flag on a projecting load; to provide for a legislative management study; to provide for a legislative management report; and to provide a penalty.