NDAC 69.5-02-01-22

Breath analysis

Last amended: 1989Year: 2026Length: 260 wordsOfficial source

Cite as N.D. Admin. Code ยง 69.5-02-01-22

1. 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', and c. 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.
NDAC 69.5-02-01-22: Breath analysis | Justis AI