Can you be charged drunk driving when you are racing a car at a race track? You sure can. It happened in my home town of Anderson, Indiana. See the link below. Most people think that you cannot be arrested for drunk driving on private property, which a privately owned race track is. But, the statute regarding Operating While Intoxicated cases says that you cannot operate a VEHICLE while intoxicated. It does not say MOTOR vehicle. Thus, any vehicle counts, including bikes, buggies, ATVs and even horses (he's a vehicle). owi.
In the case in Anderson, they will still have to prove he was over the limit and or impaired. But you can bet he is in trouble with the track either way. My guess is he did not think he could get in trouble with the law because he was on private property.
Again, this applies to all vehicles on all property. So be careful when you drive your ATVs or snowmobiles out in your farm fields. Imagine you have an accident out in the field and the ambulance comes, and thus the police come out to investigate the crash. If you test positive for alcohol, you are in trouble. If you find yourself with any questions about these issues, please give us a call at Arnold Terrill Ridenour, P.C.