State v. Manuwal

OPINION

BAKER, Chief Judge.

Today we have the occasion to decide whether the trial court correctly determined that a driver of an all terrain vehicle (ATV) should not be prosecuted for driving under the influence of alcohol on his own property pursuant to Indiana Code sections 9-30-5-1 and -2, the statutes govern--ing the offense of operating a vehicle while intoxicated. When examining the relevant provisions, it is apparent that the State should have instead proceeded against Ma-nuwal pursuant to Indiana Code section 14-16-1-23, the statute governing a defendant’s operation of an off-road…