HB 4445 Summary

• Establishes prohibitions on operating off-road vehicles (ORVs) while under the influence of alcohol or controlled substances, with blood alcohol content limit of 0.08 grams per 100 milliliters of blood.

• Creates enhanced penalties for operating an ORV while impaired with a minor under 16 years old present, ranging from misdemeanor to felony charges with fines of $200-$5,000 and imprisonment of 5 days to 5 years depending on prior convictions.

• Mandates license suspension periods for ORV operation of 6 months to 2 years for alcohol-related violations and requires court-ordered suspension for 90 days to 2 years depending on conviction type and prior convictions.

• Establishes administrative hearing procedures before the secretary of state for persons refusing chemical testing, with suspension of ORV operation rights for 1 year for first refusal or 2 years for subsequent refusals within 7 years.

• Allows peace officers to arrest ORV operators without warrant when reasonable cause exists to believe operator is impaired by alcohol or controlled substances, and permits preliminary breath analysis testing to establish probable cause.