Section 71IAC8-11-4. Refusal or failure to be tested

   The judges shall, 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) For the first refusal or failure, a civil penalty of one hundred dollars ($100) and a seven (7) day suspension.

(2) For a second refusal or failure, a civil penalty of two hundred fifty dollars ($250) and a thirty (30) day suspension.

(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 8-11-4; emergency rule filed Feb 10, 1994, 9:20 a.m.: 17 IR 1178; emergency rule filed Feb 24, 2000, 2:32 p.m.: 23 IR 1672, eff Feb 24, 2000; 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)