Desormeaux fined for riding under the influence of alcohol

ARCADIA, Calif. – Jockey Kent Desormeaux was fined $2,500 by Santa Anita stewards Sunday for being under the influence of alcohol while riding July 29 at Del Mar.

In a one-page ruling, stewards Scott Chaney, Kim Sawyer, and Tom Ward issued the fine and gave Desormeaux a 30-day suspension for the infraction. The suspension will be stayed unless Desormeaux has another violation for an alcohol-related infraction through the term of his current riding license, which runs through Feb. 2, 2018.

Desormeaux, 45, had three instances of failed Breathalyzer tests in the last five years – at Woodbine in July 2010, Belmont Park in May 2012, and Santa Anita in 2014 – prior to the incident at Del Mar. After the Santa Anita infraction last year, Desormeaux was fined $1,000 and ordered to undergo counseling.

On July 29, Desormeaux was cited by California Horse Racing Board investigators for Breathalyzer readings of .047 and .041 between races July 29, the day he was taken off his final two mounts. He was given the test at the request of stewards, acting on an anonymous tip from a racing board licensee regarding the rider’s condition, according to testimony given at a hearing before the same stewards Aug. 14 at Del Mar.

In the two-hour hearing, two attorneys representing Desormeaux argued that the Breathalyzer test was incorrectly administered and that the standard for a rider to be considered under the influence of alcohol is vague.

In the ruling issued Sunday, Desormeaux was cited for failing to fulfill his engagements when he was taken off his final two mounts and for disorderly conduct for being under the influence of alcohol.

In a six-page decision issued Sunday that accompanied the ruling, the stewards wrote that any Breathalyzer positive test shall be considered a violation but called on the racing board to clarify its rules for jockeys to be considered “under the influence.”

Currently, racing board rules do not state a Breathalyzer numerical reading that constitutes a positive. A driver with a Breathalyzer reading of .08 is considered under the influence for motor vehicles, while the Federal Aviation Administration rates pilots as being under the influence for a reading of .04.

In their decision, the stewards called for the racing board to establish procedures for testing riders for alcohol that mirror rules in place for law enforcement officials. Specifically, the stewards suggested racing board personnel be trained regarding Breathalyzer certification; that investigators observe a rider for 15 minutes before administering a Breathalyzer test, similar to field tests conducted by law enforcement; and that positive Breathalyzer tests be followed by blood tests or the equivalent to confirm field tests.

Desormeaux’s attorneys argued before the stewards in August that the case should be dismissed because racing board investigators did not observe Desormeaux for 15 minutes before administering the Breathalyzer tests.

In their statement accompanying the ruling, the stewards said there was no evidence the test findings were inaccurate.

Desormeaux argued in a message on his Twitter feed July 30 that the positive was caused by a Sparkling Ice-brand carbonated water drink he consumed earlier July 29. Racing board officials vehemently disputed that argument in a statement released July 31.