The North Dakota Supreme Court this past week heard oral arguments from a pair of cases related to the North Dakota Legislature’s 2013 decision to criminalize refusal to submit to a chemical test in suspected drunken driving cases.
In North Dakota, refusal to submit to a chemical test holds the same penalty as driving under the influence, including potential jail time.
Refusing either a preliminary breath test, which is not admissible in a jury trial, or a chemical test is grounds for the charge.
