Meiers v. NDDOT

Citations

• 2025 ND 21

Syllabus

Section 39-20-04.1, N.D.C.C., provides the Department with authority to suspend a driver's driving privileges. Section 39-20-03.1(4), N.D.C.C., lists procedures a law enforcement officer must follow when a person has tested over the legal limit for driving under the influence. An officer's non-compliance with a provision of N.D.C.C. § 39-20-03.1(4) does not impact the Department's authority to suspend a driver's driving privileges unless the provision is basic and mandatory. A provision is basic and mandatory if it mirrors a provision of N.D.C.C. § 39-20-04.1(1). A provision of N.D.C.C. § 39-20-03.1(4) mirrors a provision of N.D.C.C. § 39-20-04.1(1) when the officer's compliance with the provision provides to the Department information important to the Department in determining its authority to suspend a license. The requirement in N.D.C.C. § 39-20-03.1(4) that the copy of the checklist and test records of a breath test be \certified\ is not a basic and mandatory provision impacting the Department's authority to suspend a driver's driving privileges.