1. (a) A permit holder shall provide an alcohol breath-testing device that is approved by the commission and operated by a person certified to use such a device. The necessary qualifications for an individual administering a breath-testing device and the policies and procedures of the breath-testing program are subject to the approval of either the executive director of the commission or the director of security of the commission. All drivers, jockeys, judges, starters, assistant starters, and drivers of starting gates shall submit to a breath test at each racing program in which they participate. In addition, the executive director of the commission, a member of the commission, a commission investigator, the judges, or the track chief of security may order a licensee to submit to a breath test at any time there is reason to believe the licensee may have consumed sufficient alcohol to cause the licensee to fail a breath test.

2. (b) A person whose breath test shows a reading of an alcohol concentration equivalent (as defined in IC 9-13-2-2.4 ) to more than five-hundredths (0.05) gram of alcohol per two hundred ten (210) liters of the person's breath, is subject to the following sanctions:

   1. (1) A driver or jockey may not be permitted to drive or ride and shall be suspended under the rules of the commission.
   2. (2) A judge, a starter, an assistant starter, or a driver of the starting gate shall be relieved of all duties for that program, and a report shall be made to the commission for appropriate action.
   3. (3) Any other licensee shall be suspended, beginning that day, under the rules of the commission.

3. (c) The judges may, on behalf of the commission, impose the following sanctions against a licensee who refuses to submit to a breath test:

   1. (1) For the first refusal, a civil penalty of one hundred dollars ($100) and a seven (7) day suspension.
   2. (2) For a second refusal, a civil penalty of two hundred fifty dollars ($250) and a thirty (30) day suspension.
   3. (3) For any additional refusals to submit to a breath test, a civil penalty of two hundred fifty dollars ($250), a sixty (60) day suspension, and referral of the case to the commission for any further action that the commission considers necessary.
4. (d) A sanction under subsection (c) may be appealed to the office of administrative law proceedings under IC 4-15-10.5 . IC 4-21.5 applies to an appeal under this section. The commission has the burden of proving an alleged violation by a preponderance of the evidence. An appeal stays the sanction until further action by the commission. The appeal must be heard by the office of administrative law proceedings within thirty (30) days after the date of the appeal.

As added by P.L.341-1989(ss), SEC.2. Amended by P.L.33-1997, SEC.1; P.L.1-2000, SEC.1; P.L.268-2017, SEC.13; P.L.168-2019, SEC.6; P.L.153-2026, SEC.6.