DeForest v. N.D. Dep’t of Transportation

October 3, 2018 by Justia

The North Dakota Department of Transportation appealed a district court judgment reversing the Department's decision to suspend Jim DeForest's driving privileges. In November 2017, Deputy Jared Lemieux stopped appellee Jim DeForest for exceeding the speed limit by ten miles per hour. During the stop, DeForest exhibited signs of intoxication. After conducting field sobriety tests, Lemieux arrested DeForest for driving under the influence of alcohol. Lemieux read DeForest Miranda warnings and a post-arrest implied consent advisory, omitting reference to criminal penalties for refusal of breath or urine tests. Lemieux then requested a blood test. Prior to Lemieux's advisory and request, DeForest had asked for a chemical blood test. DeForest consented to a blood test. During the administrative hearing, DeForest objected to admission of the blood test result, arguing non-compliance with the required implied consent advisory procedure. The hearing officer admitted the blood test evidence over the objection and found Lemieux "read the implied consent advisory in accordance with N.D.C.C. section 39-20-01(3)(a)." DeForest appealed to the district court, arguing the implied consent advisory given was incomplete and thus the blood test evidence was inadmissible. The district court concluded the hearing officer erred in admitting the blood test evidence and reinstated DeForest's driving privileges. The North Dakota Supreme Court concluded the phrase "any criminal penalties" in N.D.C.C. 39-20-01(3)(a) meant what it plainly said, and included all criminal penalties, including penalties for refusal of "blood, breath, or urine" tests under N.D.C.C. 39-08-01(1)(e)(2). "It is not consistent with plain meaning to read 'any criminal penalties' as implicitly referring only to criminal penalties for refusing blood tests." Therefore, the Court reversed the district court judgment and reinstated the hearing officer's decision to suspend DeForest's driving privileges. View "DeForest v. N.D. Dep't of Transportation" on Justia Law