Section 69.5-02-01-22 - Breath analysis1. Judges, drivers, starters, and starting gate drivers may be required to submit to blood, breath, saliva, or urine analysis tests at each program at which they officiate or participate.2. A person showing a blood alcohol concentration of more than three one-hundredths of one percent by weight must:a. If a judge, be relieved of the judge's duties immediately and referred to the commission;b. If a starter or starting gate driver, be relieved of his duties immediately and a fine, suspension, or both may be imposed on him by the board of judges', andc. If a driver, be prohibited from driving in any races scheduled for that day and a fine may be imposed on him by the board of judges. 3. A driver showing a blood alcohol concentration of more than five one-hundredths of one percent by weight shall be prohibited from driving in any races scheduled for that day and a fine, suspension, or both may be imposed on the driver by the board of judges.4. A licensee who is in the paddock, when directed by the judges, shall submit to a blood, breath, saliva, or urine analysis test and if the licensee shows a blood alcohol concentration of more than five one-hundredths of one percent by weight may have a fine, suspension, or both imposed on the licensee by the board of judges.5. A person who refuses to submit to a breath analysis under this section may have a fine, suspension, or both imposed on the person by the board of judges.N.D. Admin Code 69.5-02-01-22
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10