Any person who is dead, unconscious, or otherwise in a condition rendering that person incapable of refusal is deemed not to have withdrawn the consent provided by section 20.1-15-01 and the chemical test may be given.
N.D. Cent. Code § 20.1-15-04
Consent of person incapable of refusal not withdrawn
Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.