NDAC 69.5-02-01-22
Breath analysis
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.