Section 017-1-21 - Breath Analyzer Test1.Breath Analyzer Test Required. All drivers, judges, starters, starting gate drivers and marshals shall be required to submit to a breath analyzer test at each racing program in which they participate. All other licensees may be required to submit to a breath analyzer test at each racing program in which they participate. The Commission shall provide the tracks with a breath analyzer device capable of measuring the presence of alcohol by weight within the blood.(a) Each track shall utilize the breath analyzer device provided by the Commission in the paddock. The use of such device shall be under the supervision of a Commission designee.(b) Tests shall be administered to the licensees and officials at such times as directed by the Presiding judge or other Commission designee and shall be administered by only a licensed official of the Commission. The Presiding judge can require any licensee to retake a test at any time during a racing program.2.Violations. The following shall constitute violations:(a) Failure or refusal to take such test when requested.(b) Breath analyzer results of .05 grams or higher of alcohol per 210 liters of breath shall constitute alcoholic impairment and constitute a violation of this chapter. A licensee may retake the breath analyzer test within a reasonable period of time to confirm or establish test results lower than .05 grams of alcohol per 210 liters of breath. If the second result is below .05 grams of alcohol per 210 liters of breath, the licensee will be allowed to participate.3.Penalties for violations of subsection 2. A driver who is alcoholically impaired or who refuses or fails to be tested shall not compete and may be fined or suspended or both. Any official who is alcoholically impaired or refuses or fails to be tested shall not be assigned duties and a report thereof shall be made immediately to the Commission. Any other licensee who is alcoholically impaired or refuses or fails to be tested when requested shall not be permitted to continue to perform in a licensed capacity that day.01-017 C.M.R. ch. 1, § 21