SB158,2,32 23.33 (1) (ij) "Lightweight utility vehicle" has the meaning specified under s.
3340.01 (25r).

SB158,3,83 23.33 (4) (a) Freeways. No person may operate an all-terrain vehicle or a
4lightweight utility vehicle upon any part of any freeway which that is a part of the
5federal system of interstate and defense highways. No person may operate an
6all-terrain vehicle or a lightweight utility vehicle upon any part of any other freeway
7unless the department of transportation authorizes all-terrain vehicle or
8lightweight utility vehicle use on that freeway.

SB158,3,129 (b) Other highways; operation restricted. No person may operate an all-terrain
10vehicle or a lightweight utility vehicle on a highway except as authorized under pars.
11(d) and (e) or as authorized by rules promulgated by the department and approved
12by the department of transportation.

SB158,3,1813 (c) 1. Paragraphs (a) and (b) do not apply to the operator of an all-terrain
14vehicle or a lightweight utility vehicle owned by a municipality, state agency or
15public utility while the operator is engaged in an emergency or in the operation of
16an all-terrain vehicle or a lightweight utility vehicle directly related to the functions
17of the municipality, state agency or public utility if safety does not require strict
18adherence to these restrictions.

SB158,3,2119 1m. Paragraphs (a) and (b) do not apply to the operator of an all-terrain vehicle
20or a lightweight utility vehicle who is engaged in land surveying operations, if safety
21does not require strict adherence to the restrictions under pars. (a) and (b).

SB158,3,2422 (d) Operation on roadway. (intro.) A person may operate an all-terrain vehicle
23or, if the person is at least 16 years of age, a lightweight utility vehicle on the roadway
24portion of any highway only in the following situations:

SB158,4,6

---

11. To cross a roadway. The crossing of a roadway is authorized only if the
2crossing is done in the most direct manner practicable, if the crossing is made at a
3place where no obstruction prevents a quick and safe crossing, and if the operator
4stops the all-terrain vehicle or the lightweight utility vehicle prior to the crossing
5and yields the right-of-way to other vehicles, pedestrians, and electric personal
6assistive mobility devices using the roadway.

SB158,4,117 2. On any roadway which that is seasonally not maintained for motor vehicle
8traffic. Operation of an all-terrain vehicle or a lightweight utility vehicle on this type
9of roadway is authorized only during the seasons when no maintenance occurs and
10only if the roadway is not officially closed to all-terrain vehicle or lightweight utility
11vehicle traffic.

SB158,4,1912 3. To cross a bridge, culvert, or railroad right-of-way. The crossing of a bridge,
13culvert, or railroad right-of-way is not authorized if the roadway is officially closed
14to all-terrain vehicle or lightweight utility vehicle traffic. The crossing is authorized
15only if the crossing is done in the most direct manner practicable, if the crossing is
16made at a place where no obstruction prevents a quick and safe crossing, and if the
17operator stops the all-terrain vehicle or the lightweight utility vehicle prior to the
18crossing and yields the right-of-way to other vehicles, pedestrians, and electric
19personal assistive mobility devices using the roadway.

SB158,4,2420 4. On roadways which that are designated as all-terrain vehicle or lightweight
21utility vehicle routes. Operation of all-terrain vehicles or lightweight utility vehicles
22on a roadway which is an all-terrain vehicle or a lightweight utility vehicle route is
23authorized only for the extreme right side of the roadway except that left turns may
24be made from any part of the roadway which is safe given prevailing conditions.

SB158,5,7

---

15. On roadways if the vehicle is an all-terrain vehicle and is an implement of
2husbandry, if the all-terrain vehicle is used exclusively for agricultural purposes and
3if the all-terrain vehicle is registered for private use under sub. (2) (d) or (2g).
4Operation of an all-terrain vehicle which is an implement of husbandry on a
5roadway is authorized only for the extreme right side of the roadway except that left
6turns may be made from any part of the roadway which is safe given prevailing
7conditions.

SB158,5,118 6. On roadways if the vehicle is an all-terrain vehicle and if the operator of the
9all-terrain vehicle is a person who holds a Class A permit or a Class B permit under
10s. 29.193 (2) and who is traveling for the purposes of hunting or is otherwise engaging
11in an activity authorized by the permit.

SB158,5,1312 7. On If the vehicle is an all-terrain vehicle, on roadways of highways that are
13all-terrain vehicle trails.

SB158,5,1814 (e) Operation adjacent to roadway. (intro.) A person may operate an all-terrain
15vehicle adjacent to a roadway on an all-terrain vehicle route or trail or operate an
16all-terrain vehicle or a lightweight utility vehicle adjacent to a roadway on an
17all-terrain vehicle route if the person operates the all-terrain vehicle in the
18following manner:

SB158,5,2521 23.33 (4c) Intoxicated operation of an all-terrain vehicle or a lightweight
22utility vehicle. (a) Operation. 1. `Operating while under the influence of an
23intoxicant.' No person may operate an all-terrain vehicle or a lightweight utility
24vehicle while under the influence of an intoxicant to a degree which renders him or
25her incapable of safe operation of an all-terrain vehicle or lightweight utility vehicle.

SB158,6,3

---

12. `Operating with alcohol concentrations at or above specified levels.' No
2person may engage in the operation of an all-terrain vehicle or a lightweight utility
3vehicle while the person has an alcohol concentration of 0.08 or more.

SB158,6,74 2m. `Operating with a restricted controlled substance.' No person may engage
5in the operation of an all-terrain vehicle or a lightweight utility vehicle while the
6person has a detectable amount of a restricted controlled substance in his or her
7blood.

SB158,6,118 3. `Operating with alcohol concentrations at specified levels; below age 19.' If
9a person has not attained the age of 19, the person may not engage in the operation
10of an all-terrain vehicle or a lightweight utility vehicle while he or she has an alcohol
11concentration of more than 0.0 but not more than 0.08.

SB158,6,1612 (b) Causing injury. 1. ` Causing injury while under the influence of an
13intoxicant.' No person while under the influence of an intoxicant to a degree which
14renders him or her incapable of safe operation of an all-terrain vehicle or a
15lightweight utility vehicle may cause injury to another person by the operation of an
16all-terrain vehicle or a lightweight utility vehicle.

SB158,6,1917 2. `Causing injury with alcohol concentrations at or above specified levels.' No
18person who has an alcohol concentration of 0.08 or more may cause injury to another
19person by the operation of an all-terrain vehicle or a lightweight utility vehicle.

SB158,6,2320 2m. `Causing injury while operating with a restricted controlled substance.' No
21person who has a detectable amount of a restricted controlled substance in his or her
22blood may cause injury to another person by the operation of an all-terrain vehicle
23or a lightweight utility vehicle.

SB158,7,5

---

123.33 (4g) (a) Requirement. A person shall provide a sample of his or her breath
2for a preliminary breath screening test if a law enforcement officer has probable
3cause to believe that the person is violating or has violated the intoxicated operation
4of an all-terrain vehicle or a lightweight utility vehicle law and if, prior to an arrest,
5the law enforcement officer requested the person to provide this sample.

SB158,7,127 23.33 (4g) (b) Use of test results. A law enforcement officer may use the results
8of a preliminary breath screening test for the purpose of deciding whether or not to
9arrest a person for a violation of the intoxicated operation of an all-terrain vehicle
10or a lightweight utility vehicle law or for the purpose of deciding whether or not to
11request a chemical test under sub. (4p). Following the preliminary breath screening
12test, chemical tests may be required of the person under sub. (4p).

SB158,7,2015 23.33 (4j) Applicability of the intoxicated operation of an all-terrain
16vehicle or a lightweight utility vehicle law. In addition to being applicable upon
17highways, the intoxicated operation of an all-terrain vehicle or a lightweight utility
18vehicle law is applicable upon all premises held out to the public for use of their
19all-terrain or lightweight utility vehicles, whether such premises are publicly or
20privately owned and whether or not a fee is charged for the use thereof.

SB158,8,4 21(4L) Implied consent. Any person who engages in the operation of an
22all-terrain vehicle or a lightweight utility vehicle upon the public highways of this
23state, or in those areas enumerated in sub. (4j), is deemed to have given consent to
24provide one or more samples of his or her breath, blood or urine for the purpose of
25authorized analysis as required under sub. (4p). Any person who engages in the

---

1operation of an all-terrain vehicle or a lightweight utility vehicle within this state
2is deemed to have given consent to submit to one or more chemical tests of his or her
3breath, blood or urine for the purpose of authorized analysis as required under sub.
4(4p).

SB158,8,13 5(4p) (a) 1. `Samples; submission to tests.' A person shall provide one or more
6samples of his or her breath, blood or urine for the purpose of authorized analysis if
7he or she is arrested for a violation of the intoxicated operation of an all-terrain
8vehicle or a lightweight utility vehicle law and if he or she is requested to provide the
9sample by a law enforcement officer. A person shall submit to one or more chemical
10tests of his or her breath, blood or urine for the purpose of authorized analysis if he
11or she is arrested for a violation of the intoxicated operation of an all-terrain vehicle
12or a lightweight utility vehicle law and if he or she is requested to submit to the test
13by a law enforcement officer.

SB158,8,1914 3. `Unconscious person.' A person who is unconscious or otherwise not capable
15of withdrawing consent is presumed not to have withdrawn consent under this
16paragraph, and if a law enforcement officer has probable cause to believe that the
17person violated the intoxicated operation of an all-terrain vehicle or a lightweight
18utility vehicle law, one or more chemical tests may be administered to the person
19without a request under subd. 1. and without providing information under subd. 2.

SB158,9,520 (b) 4. `Validity; procedure.' A chemical test of blood or urine conducted for the
21purpose of authorized analysis is valid as provided under s. 343.305 (6). The duties
22and responsibilities of the laboratory of hygiene, department of health and family
23services and department of transportation under s. 343.305 (6) apply to a chemical
24test of blood or urine conducted for the purpose of authorized analysis under this
25subsection. Blood may be withdrawn from a person arrested for a violation of the

---

1intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law
2only by a physician, registered nurse, medical technologist, physician assistant or
3person acting under the direction of a physician and the person who withdraws the
4blood, the employer of that person and any hospital where blood is withdrawn have
5immunity from civil or criminal liability as provided under s. 895.53

SB158,9,146 (c) 1. `Additional chemical test.' If a person is arrested for a violation of the
7intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law or
8is the operator of an all-terrain vehicle involved in an accident resulting in great
9bodily harm to or the death of someone and if the person is requested to provide a
10sample or to submit to a test under par. (a) 1., the person may request the test facility
11to administer the additional chemical test specified under par. (b) 3. or, at his or her
12own expense, reasonable opportunity to have any qualified person administer a
13chemical test of his or her breath, blood or urine for the purpose of authorized
14analysis.

SB158,9,2315 2. `Optional test.' If a person is arrested for a violation of the intoxicated
16operation of an all-terrain vehicle or a lightweight utility vehicle law and if the
17person is not requested to provide a sample or to submit to a test under par. (a) 1.,
18the person may request the test facility to administer a chemical test of his or her
19breath or, at his or her own expense, reasonable opportunity to have any qualified
20person administer a chemical test of his or her breath, blood or urine for the purpose
21of authorized analysis. If a test facility is unable to perform a chemical test of breath,
22the person may request the test facility to administer the designated chemical test
23under par. (b) 2. or the additional chemical test under par. (b) 3.

SB158,9,2524 (d) Admissibility; effect of test results; other evidence. The results of a chemical
25test required or administered under par. (a), (b) or (c) are admissible in any civil or

---

1criminal action or proceeding arising out of the acts committed by a person alleged
2to have violated the intoxicated operation of an all-terrain vehicle or a lightweight
3utility vehicle law on the issue of whether the person was under the influence of an
4intoxicant or the issue of whether the person had alcohol concentrations at or above
5specified levels or a detectable amount of a restricted controlled substance in his or
6her blood. Results of these chemical tests shall be given the effect required under s.
7885.235. This subsection does not limit the right of a law enforcement officer to
8obtain evidence by any other lawful means.

SB158,10,119 (e) 1. Whether the law enforcement officer had probable cause to believe the
10person was violating or had violated the intoxicated operation of an all-terrain
11vehicle or a lightweight utility vehicle law.

SB158,10,1312 2. Whether the person was lawfully placed under arrest for violating the
13intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law.

SB158,10,1815 23.33 (4t) Report arrest to department. If a law enforcement officer arrests
16a person for a violation of the intoxicated operation of an all-terrain vehicle or a
17lightweight utility vehicle law or the refusal law, the law enforcement officer shall
18notify the department of the arrest as soon as practicable.

SB158,10,2120 23.33 (4x) (title) Officer's action after arrest for operating an all-terrain
21vehicle or a lightweight utility vehicle while under influence of intoxicant.