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HB 1370

A BILL for an Act to amend and reenact subsection 3 of section 39-20-05 and section 39-20-14 of the North Dakota Century Code, relating to onsite screening tests and administrative hearings for refusing to submit to a chemical test.

69th Legislative Assembly (2025-26)

HB 1370 modifies DUI screening test procedures and administrative hearing rights for drivers refusing chemical testing in North Dakota, but failed to advance with overwhelming opposition (16-74 vote).

Second reading, failed to pass, yeas 16 nays 74
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Bill Summary · HB 1370

Legislative bill overview

HB 1370 would modify North Dakota's DUI laws regarding onsite screening tests (preliminary breath tests) and administrative hearing procedures for drivers who refuse chemical testing. The bill adjusts how these preliminary tests are used and what rights drivers have in challenging refusal charges through administrative hearings.

Why is this important

DUI enforcement relies heavily on screening tests and chemical testing procedures. Changes to these processes affect driver rights, law enforcement procedures, and the balance between public safety and individual protections during traffic stops. Administrative hearing processes determine whether license suspensions proceed when drivers refuse testing.

Potential points of contention

  • Driver rights vs. enforcement efficiency: The bill modifies procedures that affect both how thoroughly drivers can challenge evidence and how quickly law enforcement can proceed with cases
  • Preliminary test reliability: Onsite screening tests are less accurate than laboratory chemical tests; changes to their use could affect case outcomes and fairness
  • Administrative process scope: Adjusting what can be challenged in administrative hearings may expand or limit driver protections during the license suspension process separate from criminal court

Compiled from official sources — confirm details with the bill’s official record.

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