City of West Fargo v. Williams

Citations

• 2019 ND 161
• 930 N.W.2d 102

Syllabus

The right to an additional independent test under N.D.C.C. § 39-20-02 only arises when the driver submits to the chemical test requested by law enforcement. An on-site screening test under N.D.C.C. § 39-20-14(3) is not the same as a chemical test under N.D.C.C. § 39-20-01(1) and therefore a person is not an \individual tested\ under N.D.C.C. § 39-20-02 by virtue of his submission to on-site screening tests. Likewise, a person is not statutorily entitled to an independent test of his choosing because he submitted to on-site screening tests since a test in addition to \any administered\ under N.D.C.C. § 39-20-02 refers to any administered chemical tests.