The incident report claims that the results of a blood alcohol content test given to the driver, 47-year-old Michael Hermes, show a BAC reading of .123, over the legal limit of .08 in Ohio.
Ohio State Highway Patrol Troopers say Hermes was pulling two hay wagons when he drove off the right side of Patten Tract Road. The rear wagon overturned when the tractor left the roadway.
As many as 28 passengers were ejected, and suffered a variety of broken bones, bumps and bruises.
The hayride was sponsored by a Perkins Township bar, and included a tour of Sandusky-area bars.
Troopers immediately suspected that Hermes had been drinking before the crash, and according to the report, found a mason jar three-quarters full of a liquid believed to be an alcohol and apple cider mix.
Hermes refused to take field sobriety tests or a breathalyzer and authorities had to draw his blood once he was taken to a local highway patrol station.
Hermes was released from the Erie County Jail after posting a $10,000 bond. He is facing charges that include OVI, aggravated vehicular assault, failure to control and an open container violation.
(Fox 8 News reporter Jack Shea contributed to this report.)