Legal Opinion · Dissent
Kuntz v. State Highway Commissioner
North Dakota Supreme Court
Decided April 29, 1987No. Civ. 11273Published
1DissentErickstad, Chief Justice
The basic philosophy of the Implied Consent Act is contained in the first sentence of Section 39-20-01, N.D.C.C., which reads:
“Any person who operates a motor vehicle on a highway or on public or private areas to which the public has a right of access for vehicular use in this state is deemed to have given consent, and shall consent, subject to the provisions of this chapter, to a chemical test, or tests, of the blood, breath, saliva, or urine for the purpose of determining the alcoholic, other drug, or combination thereof, content of the blood.” [Emphasis added.]
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2Cases cited13 opinions
- Campbell v. Superior CourtArizona Supreme Court · 1971
- Nyflot v. Commissioner of Public SafetySupreme Court of Minnesota · 1985
- State v. PandoliNew Jersey Superior Court Appellate Division · 1970
- Lund v. HjelleNorth Dakota Supreme Court · 1974
- Agnew v. HjelleNorth Dakota Supreme Court · 1974
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