3769-14-22. Provide breath analyzer

(A) Every commercial permit holder shall provide an alcohol breath-testing device, operated by a person approved by the commission to use such device. Such device shall be approved by the commission. All drivers, judges, paddock judges, patrol judges, placing judges, identifier, assistant starters and starters, shall be required to submit to a breath test at each racing program in which they participate. In addition, the executive secretary, any member of the Ohio state racing commission, any commission investigator, the judges, or the track chief of security may order any person licensed by the Ohio state racing commission to submit to a breath test at any time they have reason to believe the licensed person may have consumed sufficient alcohol to cause them to fail said breath test.

(B) In the case of drivers, if the results of such test show a reading of more than .035 per cent of alcohol in the blood, such driver shall not be permitted to drive and shall be suspended for a minimum of three racing days under provisions of the rules of the Ohio state racing commission. In the case of judges, starters, and drivers of the starting gate, if the test results in a reading of more .035 per cent of alcohol in the blood, that individual shall be relieved of his duties for that program and a report shall be made to the commission for appropriate action. In the case of any other licensee, they shall be suspended, beginning that day, under the provisions of the rules of the Ohio state racing commission.

(C) For a second violation of paragraph (B) of this rule a licensee shall be fined one hundred dollars and shall be suspended for a period of not more than sixty days. For a third violation a licensee shall be fined two hundred fifty dollars, suspended for sixty days, and his or her case referred to the commission for further action.

(D) Should any person licensed by the Ohio state racing commission refuse to submit to a breath test, such licensee shall be fined one hundred dollars and suspended for seven days for a first offense. For a second refusal, a licensee shall be fined two hundred fifty dollars and suspended for thirty days. For any additional refusals to submit to a breath test a licensee shall be fined two hundred fifty dollars, suspended for sixty days, and his or her case referred to the commission for any further action deemed necessary.

Five Year Review (FYR) Dates: 6/10/2019 and 06/10/2024
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 03/16/1966, 01/01/1985, 10/15/1985, 03/19/1987, 04/01/1988, 08/01/1991

Prior History: (Five Year Review (FYR) Dates: 07/24/2015 and 07/24/2020
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/1985, 10/15/1985, 3/19/1987, 4/1/1988, 8/1/1991)