The North Dakota Supreme Court reinstated a man’s driving privileges after it concluded that there was not a valid request for him to submit to screening to determine if he was driving under the influence of alcohol, so there was no way for him to refuse a test under state law.

Alexander Brent Nelson was arrested by a highway patrol officer in June 2022 for driving under the influence of alcohol. The officer issued Nelson a report and notice, including a temporary operator’s permit, after he refused to submit to a chemical breath test. Nelson was also informed about the North Dakota Department of Transportation’s intent to revoke his driving privileges and Nelson requested an administrative hearing, according to the May 9 opinion.