from the District Court of Traill County, East Central
Judicial District, the Honorable Susan L. Bailey, Judge.
J. Hushka (argued), Moorhead, MN, and Mark A. Friese
(appeared), Fargo, ND, for appellant.
Douglas B. Anderson, Assistant Attorney General, Bismarck,
ND, for appellee.
1] Courtney Krueger appeals from a judgment affirming a
decision of the Department of Transportation suspending his
driving privileges for two years. Because the Traill County
sheriff's deputy had jurisdiction to make the arrest in
Grand Forks County and Krueger's statutory rights and
constitutional rights were not violated by the deputy's
administration of three breath tests, we affirm.
2] The hearing officer found that during the early morning
hours of June 3, 2017, a Traill County sheriff's deputy
observed Krueger driving erratically while leaving Hatton and
heading north on Highway 18. The deputy activated the
emergency lights on his patrol vehicle while in Traill
County, but Krueger's vehicle continued north while
slowing down for about one minute before stopping
"approximately 1/2 mile north of mile marker 139"
in Grand Forks County. The deputy testified this was
"about a quarter mile north into Grand Forks
County." The deputy observed that Krueger's speech
was slurred, his eyes were bloodshot, and he smelled of
alcohol. The deputy ordered Krueger out of the vehicle and
began conducting field sobriety tests. During the traffic
stop, a Grand Forks County sheriff's deputy, who learned
of the situation only after scanning the Traill County
Sheriff's Office radio, arrived at the scene. The Traill
County deputy continued the field sobriety tests, which
3] The Traill County deputy placed Krueger under arrest for
driving under the influence after he failed an onsite
screening test and the Grand Forks County deputy assisted
with a search of Krueger's vehicle. The Traill County
deputy transported Krueger for 30 to 40 minutes to the Traill
County Sheriff's Office in Hillsboro. Krueger was given a
breath test which registered a blood alcohol concentration of
0.146 percent. Realizing he had failed to read the implied
consent advisory to Krueger before the first test, the deputy
gave the advisory and again asked Krueger to take a breath
test. Krueger did, but this test was automatically terminated
because the machine detected radio frequency interference.
The deputy asked again if Krueger would take the breath test
and, after being reminded of the consequences for refusal,
Krueger consented. The third test revealed a blood alcohol
concentration of 0.141 percent.
4] Krueger did not testify or offer any evidence at the
administrative license suspension hearing. Krueger challenged
the jurisdictional validity of his arrest in Grand Forks
County by a Traill County sheriff's deputy, and the
admissibility of the breath test results after the deputy
requested that he take the test three times. The hearing
officer found the Traill County deputy was in "fresh
pursuit" of Krueger when he initiated the traffic stop
and N.D.C.C. § 11-15-33(2) allowed the deputy to
complete the arrest. The hearing officer also determined the
breath test result was admissible because "[g]iven the
circumstances in this case, administering the three tests was
reasonable" and Krueger "offered no evidence of
prejudice." The Department suspended Krueger's
driving privileges for two years, and the district court
affirmed the Department's decision.
5] Krueger argues the Department erred in suspending his
driving privileges because the arresting officer lacked
jurisdiction and the breath test results were admitted in
evidence in violation of his constitutional rights.
6] We must affirm the Department's order unless, in part
pertinent to this case, the following are present:
1. The order is not in accordance with the law.
2. The order is in violation of the constitutional rights of