Beck v. NDDOT

Citations

• 2022 ND 66

Syllabus

Section 39-08-01(1)(a), N.D.C.C., provides that a person may not drive or be in actual physical control of any vehicle upon a highway or upon public or private areas to which the public has a right of access for vehicular use in this state if that person has an alcohol concentration of at least eight one-hundredths of one percent by weight at the time of the performance of a chemical test within two hours after the driving or being in actual physical control of a vehicle. At an administrative hearing, a report and notice form is prima facie evidence of its contents, including the time of driving. The time of driving may be placed into question at the administrative hearing, such as by cross-examining the testifying officer at the hearing. While reasonable inferences can be drawn from the evidence at an administrative hearing, a reasoning mind must be able to reasonably find the Department met its burden of proving the chemical test was administered within two hours of the time of the driving.