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!