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CAN
THEY DO THAT ?
MORE
ON ATV's
Janet
T. Mills, Esq.
WRIGHT
& MILLS, P.A..
I WAS DRIVING MY
ATV ACROSS THE ROAD AND DOING SOME
WHEELIES IN THE SHOULDER, JUST FOR FUN,
WHEN A POLICE OFFICER STOPPED ME AND TOLD
ME I HAD TO TAKE A BREATH TEST FOR
ALCOHOL. CAN SHE DO
THAT
Yes,
she can!
If a
law enforcement officer has reason to
believe you are operating an ATV under the
influence of drugs or alcohol or with a
.08 or more blood alcohol level, the
officer may stop you and ask you to do
some field sobriety tests and take a blood
or breath test for alcohol.
It
is a Class D crime to operate an ATV while
under the influence of drugs or alcohol or
with a blood alcohol level of .08 or more.
It is also a separate civil violation to
refuse to submit to a blood alcohol test
when an officer has probable cause to
believe that you are operating under the
influence, and you could be fined $500 for
that violation alone. If you are convicted
of OUI and you refused the test, you may
land in jail for at least 48 hours. Unlike
OUI in a motor vehicle, however, you will
not lose your license to drive a car on an
OUI-ATV conviction.
While
no one can simply come up to you and
demand that you submit to an alcohol test,
if you are operating an ATV recklessly or
in erratic fashion, an officer may suspect
that you are OUI and may stop you.
Upon
closer observation, the officer may smell
alcohol on your breath, notice bloodshot
eyes and slurred speech, or see a can of
beer or other evidence of drinking. The
officer may then request you to take a
blood alcohol test, and the results can be
used against you in
court.
So
remember, when you drink, don't drive,
even your ATV!
It's
the law!
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