858 N.W.2d 316
N.D.2015Background
- On Dec. 6, 2013, police stopped Jesse Keller, smelled alcohol, observed slurred speech, and arrested him for DUI after field tests and an inadequate breath sample.
- Keller provided a blood sample at a hospital; the state crime lab tested it for alcohol and drugs. The alcohol report showed a 0.210 BAC.
- The arresting officer forwarded the alcohol analytical report and other paperwork to the DOT director but did not recall whether the drug analytical report was also forwarded.
- Keller requested a hearing; he later submitted the drug report (showing hydrocodone) as an exhibit after the hearing.
- The hearing officer suspended Keller’s license for 180 days based on the alcohol result; the district court affirmed, and Keller appealed to the North Dakota Supreme Court.
Issues
| Issue | Keller’s Argument | DOT’s Argument | Held |
|---|---|---|---|
| Whether N.D.C.C. § 39-20-03.1(4) requires law enforcement to forward a drug analytical report to the DOT director | Keller: forwarding the drug report is a "basic and mandatory" statutory requirement; failure deprives DOT of authority to suspend | DOT: statute and related provisions focus on alcohol concentration; only alcohol analytical reports are required for administrative suspension | Court: No — statute does not require forwarding drug report; DOT retained authority to suspend |
Key Cases Cited
- Schwind v. Dir., N.D. Dep’t of Transp., 462 N.W.2d 147 (N.D. 1990) (statutory terms must be construed logically to avoid absurd results)
- Bosch v. Moore, 517 N.W.2d 412 (N.D. 1994) (breath-test records: all test records must be forwarded; officer has no discretion)
- Wingerter v. N.D. Dep’t of Transp., 530 N.W.2d 362 (N.D. 1995) (distinguishing breath-test record rule from blood/urine analytical-report requirements)
- Samdahl v. Dir., N.D. Dep’t of Transp., 518 N.W.2d 714 (N.D. 1994) (agency authority depends on statutory terms but must be construed to avoid absurd results)