NASCAR CEO Brian France's blood-alcohol level more than twice legal limit

NASCAR Chairman and CEO Brian France registered a blood-alcohol level of .18, more than twice the legal limit, when he was arrested Sunday night in New York.

France was charged with driving while intoxicated, aggravated driving while intoxicated and criminal possession of a controlled substance, according to documents released by the Suffolk County District Attorney’s Office. The 56-year-old grandson of NASCAR founder Bill France was pulled over for running a stop sign by police in the Village of Sag Harbor, located in The Hamptons area of Long Island. He spent the night in jail and was released Monday morning.

In the charging documents, arresting officer Kelly Kampf noted that France's “breath smelled of an intoxicating beverage, his speech was slurred, his eyes were glassy and red, he was unsteady on his feet and he performed poorly on several standard field sobriety tests administered,” resulting in the DWI charge.

The aggravated driving while intoxicated charge was filed because of France’s blood-alcohol level, which registered 0.18, according to Kampf's report. New York’s legal limit to drive an automobile is .08 percent and the threshold to be charged with aggravated DWI is 0.18.

The controlled substance charge resulted from France being “found to be in possession of five pills, yellow in color, that were identified as Oxycodone,” according to the charging documents.

France’s uncle, Jim France, assumed the role of interim chairman and chief executive officer on Monday evening after France announced he was taking a leave of absence. Jim France declined to discuss the situation with The News-Journal.

READ MORE: NASCAR’s Brian France takes leave following DUI arrest

In a conference call with media Tuesday, driver Chase Elliott, who won his first NASCAR Cup Series race on Sunday, addressed Jim France's interim role.

"I've been around him some," he said. "I haven't ever had any issues with Jim. I expect (NASCAR leadership) to do fine, and it doesn't change my job, so I'm going to do my thing."

Late Monday afternoon, Brian France, who listed an Ormond Beach address in the charging documents as his residence, expressed regret about the incident.

“I apologize to our fans, our industry and my family for the impact of my actions last night,” France said in a written statement. “Effective immediately, I will be taking an indefinite leave of absence from my position to focus on my personal affairs.”

Sag Harbor chief of police Austin J. McGuire described Sunday’s arrest of France as “a garden variety, driving while intoxicated case.”

“Mr. France he ran a stop sign and was stopped for doing so and he was found to be in an intoxicated state,” McGuire said in a telephone interview Tuesday.

Contrary to earlier reports about the arrest, McGuire said France was yielding with all of the officer’s commands and requests and made no mention of connections to President Donald Trump after being stopped in his 2017 Lexus with New York plates.

“He was very compliant and the only time he ever mentioned NASCAR, as part of our arrest processing, we ask people where they are employed, and he said ‘NASCAR,’” McGuire said.

“The arresting officer had no idea who he was or anything. The arresting officer said Mr. France was completely compliant and a gentleman.”

The Suffolk County District Attorney’s office said France has a court date set for Sept. 14. He is currently being represented by attorney Edward Burke Jr., who has an office in Sag Harbor.

The News-Journal reached out to Burke for comment but was unable to reach France's attorney.

McGuire said Sag Harbor is a popular, summer tourist destination and that driving while intoxicated arrests happen more frequently this time of year.

“We are busy all year long, but we tend to get more incidents in the summertime,” McGuire said. “We get a few of these a week. We have been seeing more pills (drugs) lately.”

As for the narcotics charge, McGuire said, “I’m going to assume that since he was arrested for it, it wasn’t prescribed to him.”

NASCAR is a privately held company founded here by William H.G. France in 1948. Jim France, 73, is the younger of two sons. His brother Bill France Jr., who is Brian’s father, died in 2007.

Brian France assumed the role of chairman and CEO in 2003. NASCAR is owned by Jim France and Lesa France Kennedy, Brian’s sister.

Brian France is also on the board of directors of International Speedway Corp., which owns and operates Daytona International Speedway and 11 other tracks that are hosts to NASCAR events. His sister is CEO of ISC. A NASCAR spokesman said that Brian France's status with the board has yet to be determined.

There has been little reaction in the NASCAR community to France's arrest.

Felix Sabates, who has had at least partial ownership of a top-level NASCAR team since 1989, defended France.

Sabates told the Associated Press that France is "the most loyal friend anyone can have" and added that France deserves to be welcomed back into NASCAR whenever he's ready.

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