A Dayton EMT is scheduled to appear in Dayton Municipal Court Tuesday to face a second charge this year of operating a vehicle while under the influence.
Brandon Lee, 23, who has been with the Dayton Fire Department since March of 2011, is currently on an unpaid leave of absence, according to Dayton’s Interim Fire Chief Jeffrey Payne.
Payne said that the department will wait for the outcome of Lee’s court case and the department’s administrative hearing before making a decision on any further discipline.
Lee has been charged with hit skip, reasonable control and two OVI-related misdemeanor charges, according to municipal court records.
Lee was given an OVI citation around 2:30 a.m. Wednesday after Dayton Police responded to an non-injury traffic crash in the eastbound lanes of U.S. 35 near Interstate 75, according to a police incident report.
When police arrived to the scene, an officer noticed a vehicle partially parked on the shoulder, pointed east on U.S. 35. An officer determined that Lee, who was off-duty at the time, was the driver of the vehicle and worked for the city.
The officer also detected the smell of an alcoholic beverage while talking to Lee about the crash, according to the report.
Lee was transported to the city’s Safety Building, where he took a breathalyzer test. He blew a blood alcohol concentration of .142 percent and received the OVI citation. Ohio’s blood alcohol concentration legal limit is .08 percent.
The report does not mention an arrest.
Lee also was charged with OVI in January, according to Vandalia Municipal Court records. That case was dismissed. The city suspended Lee from duty for 24 hours in response to that charge.
Payne said the department was aware of Lee’s first OVI before he received his second one and said that Lee’s driver’s license was suspended for a period of time.
Once Lee’s driving privileges were reinstated, he was returned to duty. His responsibilities include providing patient care, emergency transport of patients that are ill or injured to local hospitals.
“If you do not have driving privileges, whether full or restricted, you cannot work for the Dayton Fire Department. You’re placed on unpaid leave,” Payne said. “As past practice, we typically allow the employee to work through the court system prior to us taking action.”
Payne said that there has been no indication that Payne has taken a drink while on-duty.
“We have policies in place…for reasonable suspicion testing, should someone witness peculiar behavior. His history has been cleared of that. He’s never had a drinking on-duty problem or occurrence,” Payne said.