§ 35.14 ALCOHOL TESTS.
   The town will perform alcohol tests using an evidential breath testing device. The town may provide use of an evidential breath testing device through a vendor or agent. The driver shall report to the site of an evidential breath testing device as notified by the town. The evidential breath testing device will be operated by a breath alcohol technician. The driver shall follow all instructions given by the breath alcohol technician. In the event that a driver, on the basis of the evidential breath test, has a blood alcohol content of .02 to .0399, the driver shall be removed from duty for 24 hours or until his/her next scheduled on-duty time, whichever is longer. If in the event a driver has tested .02 to .0399 three times within the calendar year, said driver shall be terminated. In the event a driver has tested .02 to .0399 five times during the driver's term of employment, the driver shall be terminated. Applicants are not medically qualified until after the 24-hour time frame expires. Drivers with tests indicating a blood alcohol concentration of .04 or greater are considered to have prohibited conduct which may result in disciplinary action up to and including termination. In the event a driver has tested .04 or greater, and it is the first test result within the calendar year for the driver, said driver shall be suspended for a period of three days without pay. In the event a driver has tested .04 or greater two times within the calendar year, said driver shall be terminated. In the event a driver has tested .04 or greater three times during said driver's term of employment, the driver shall be terminated. All alcohol tests shall be performed just prior to, during, or just after duty.
(Ord. 97-2, passed 8-25-97)