Authority: IC 4-31-3-9

Affected: IC 4-31-8-4

Sec. 4. The stewards may, on behalf of the commission, impose the following sanctions against a licensee who refuses or fails to submit to or complete a breath test:

1. (1) For the first refusal or failure, a civil penalty of one hundred dollars ($100) and a seven (7) day suspension.
2. (2) For a second refusal or failure, a civil penalty of two hundred fifty dollars ($250) and a thirty (30) day suspension.
3. (3) For any additional refusals or failures 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.

(Indiana Horse Racing Commission; 71 IAC 8.5-11-4; emergency rule filed Jun 15, 1995, 5:00 p.m.: 18 IR 2889, eff Jul 1, 1995; emergency rule filed Jun 22, 2000, 3:05 p.m.: 23 IR 2786; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR-071070030RFA; readopted filed Nov 26, 2013, 11:25 a.m.: 20131225-IR-071130345RFA; emergency rule filed Jun 29, 2018, 1:04 p.m.: 20180704-IR-071180278ERA; readopted filed Apr 20, 2023, 3:49 p.m.: 20230517- IR-071230071RFA; readopted filed Aug 3, 2023, 12:49 p.m.: 20230830-IR-071230428RFA)