North Dakota DUI Chemical Testing

Types of testing allowed in ND drunk driving arrests:

North Dakota DUI Law allows police officers to request a test of a driver's blood, urine, saliva, or breath if the officer has a reasonable belief that the driver is under the influence. The arresting officer has the choice of which test will be given, but only people who are medically trained and authorized by the state crime laboratory are allowed to draw blood for testing. The driver is entitled to obtain an independent blood test, but it must also be done by someone authorized to do so. There are no restrictions on who may take a sample of breath, saliva, or urine, though the state crime laboratory does offer training. North Dakota uses both the Intoxilyzer 5000 and 8000 breath testing devices. The Intoxilyzer 8000 is only in use in the Crime Lab Division of the North Dakota Attorney General's office; local law enforcement agencies use the model 5000. The approved method of blood testing is gas chromatography.

Interpretation of North Dakota DUI Chemical tests:

If a chemical test of a noncommercial driver's blood, breath, saliva, or urine reveals a BAC of 0.05 or less, the driver is presumed to not be under the influence. This means that unless the driver is proven to have been under the influence by some evidence which is more persuasive than the test result, the driver will be considered not to have been under the influence. If the test reveals a BAC of at least 0.08 (or 0.02 for drivers under 21, or 0.04 for commercial license holders), the test is considered absolute proof that the driver was under the influence. The results of any test which was fairly conducted by certified personnel and used methods and devices approved by the state crime laboratory are always admissible.