Fossum v. North Dakota Department of Transportation

SANDSTROM, Justice.

[¶ 1] The Department of Transportation appeals from a district court judgment reversing the decision of a hearing officer to suspend the driving privileges of Scott Fossum. As this Court held in City of Bismarck v. Hoffner, 379 N.W.2d 797 (N.D.1985), and State v. Abrahamson, 328 N.W.2d 213 (N.D.1982), the implied-consent requirements of N.D.C.C. § 39-20-01 do not apply when an individual voluntarily consents to a chemical test. We therefore reverse the judgment and reinstate the hearing officer’s decision to suspend Fos-sum’s driving privileges.

I

[¶ 2] On January 12, 2013,…