I85PREP
⌘ K
ND POST study materials
ND POST study resources

ND POST: North Dakota Specific Statutes and Procedures

ND POST · Work through your exam, one topic at a time.

All guide sections

North Dakota Specific Statutes and Procedures

What the exam tests

North Dakota Specific Statutes and Procedures tests the state code provisions that differ from generic national material. Expect DUI, implied consent, warrantless arrest, domestic violence, mental-health custody, firearms, and POST rules.

Core rules

  • DUI: NDCC 39-08-01. First offense is generally a Class B misdemeanor; penalties increase for high BAC, refusals, minors, and prior offenses. Actual physical control can apply to a parked vehicle.
  • Implied consent: NDCC ch. 39-20. Refusal is an administrative consequence, not a criminal charge by itself. After Birchfield, blood usually needs a warrant; breath can be compelled incident to arrest.
  • Warrantless arrest: NDCC 29-06-15. Misdemeanors generally require commission in the officer's presence, with statutory exceptions such as domestic violence under NDCC ch. 14-07.1.
  • Search warrants: NDCC ch. 29-29. Use telephonic warrants when time matters.
  • Mental-health emergency custody: NDCC ch. 25-03.1. Probable cause of mental illness plus serious risk of harm; arrange evaluation and transport.
  • Firearms: NDCC ch. 62.1 governs permits and carry. North Dakota recognizes permitless carry for eligible persons, but federal prohibitions and school or agency rules still apply.
  • POST: the ND Peace Officer Standards and Training Board sets certification and training requirements; know agency policy where the statute is silent.

Worked example

An officer responds to a domestic assault. The victim has a red mark on her neck and says her boyfriend grabbed her. The boyfriend is still on scene. Because the offense is domestic violence, the officer may arrest without a warrant under the domestic-violence exception even though the officer did not see the grab. The officer documents the injury, the victim's statement, and the relationship, then completes the required domestic-violence reporting. The arrest is lawful, but the report must show why the exception applies.

Traps

  • Applying another state's arrest rules to North Dakota.
  • Treating a refusal as a criminal charge rather than an administrative consequence.
  • Forgetting the domestic-violence exception to the in-presence rule.
  • Assuming permitless carry removes all location and federal restrictions.