Re: dui of minor: refusal to test
After taking a minor into custody law enforcement is suppose to attempt to contact a parent, however consent is not required.
Below I have reproduced the relevant portions of the statute. You should be aware of several things at this point.
1) You only have 10 days from the refusal of the test to request a hearing on your son's driving privileges. (this is very important)
2) Sounds like your son should have an attorney for any court appearances. An attorney can be hired, or he may qualify for a public defender in juvenile court.
NDCC 39-20-01
...When a person under the age of eighteen years
is taken into custody for violating section 39-08-01 or an equivalent ordinance, the law
enforcement officer shall attempt to contact the person's parent or legal guardian to explain the
cause for the custody. Neither the law enforcement officer's efforts to contact, nor any
consultation with, a parent or legal guardian may be permitted to interfere with the administration
of chemical testing requirements under this chapter. The law enforcement officer shall mail a
notice to the parent or legal guardian of the minor within ten days after the test results are
received or within ten days after the minor is taken into custody if the minor refuses to submit to
testing. The notice must contain a statement of the test performed and the results of that test; or
if the minor refuses to submit to the testing, a statement notifying of that fact. The attempt to
contact or the contacting or notification of a parent or legal guardian is not a precondition to the admissibility of chemical test results or the finding of a consent to, or refusal of, chemical testing by the person in custody.
