23.335(12)(b)1.1. No person while under the influence of an intoxicant to a degree which renders him or her incapable of safe operation of an off-highway motorcycle may cause injury to another person by the operation of an off-highway motorcycle.

23.335(12)(b)2.2. No person who has an alcohol concentration of 0.08 or more may cause injury to another person by the operation of an off-highway motorcycle.

23.335(12)(b)2m.2m. No person who has a detectable amount of a restricted controlled substance in his or her blood may cause injury to another person by the operation of an off-highway motorcycle.

23.335(12)(b)3.3. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of subd. 1., 2., or 2m. in the complaint, the crimes shall be joined under s. 971.12. If the person is found guilty of any combination of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under sub. (23) (c) 2. and 3. Subdivisions 1., 2., and 2m. each require proof of a fact for conviction which the others do not require.

23.335(12)(b)4.4. In an action under this paragraph, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and even if he or she had not been under the influence of an intoxicant to a degree which rendered him or her incapable of safe operation, did not have an alcohol concentration of 0.08 or more, or did not have a detectable amount of a restricted controlled substance in his or her blood.

23.335(12)(b)5.5. In an action under subd. 2m. that is based on the defendant allegedly having a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

23.335(12)(c)(c) Implied consent. Any person who engages in the operation of an off-highway motorcycle upon the public highways of this state, or in those areas enumerated in par. (d), is considered to have given consent to provide one or more samples of his or her breath, blood, or urine for the purpose of authorized analysis as required under pars. (f) and (g). Any person who engages in the operation of an off-highway motorcycle within this state is considered to have given consent to submit to one or more chemical tests of his or her breath, blood, or urine for the purpose of authorized analysis as required under pars. (f) and (g).

23.335(12)(d)1.1. The operation of an off-highway motorcycle on any off-highway motorcycle corridor or any off-highway motorcycle route.

23.335(12)(d)2.2. The operation of any off-highway motorcycle on other premises or areas located off the highways that are held out to the public for the recreational use of off-highway motorcycles whether such premises or areas are publicly or privately owned and whether or not a fee is charged for the use of an off-highway motorcycle.

23.335(12)(d)3.3. The operation of a limited use off-highway motorcycle on a highway as authorized under sub. (10).

23.335(12)(d)4.4. The operation of an off-highway motorcycle adjacent to a highway as authorized under sub. (11).

23.335(12)(e)1.1. A person shall provide a sample of his or her breath for a preliminary breath screening test if a law enforcement officer has probable cause to believe that the person is violating or has violated the intoxicated operation of an off-highway motorcycle law and if, prior to an arrest, the law enforcement officer requested the person to provide this sample.

23.335(12)(e)2.2. A law enforcement officer may use the results of a preliminary breath screening test for the purpose of deciding whether or not to arrest a person for a violation of the intoxicated operation of an off-highway motorcycle law or for the purpose of deciding whether or not to request a chemical test under par. (f). Following the preliminary breath screening test, chemical tests may be required of the person under par. (f).

23.335(12)(e)3.3. The result of a preliminary breath screening test is not admissible in any action or proceeding except to show probable cause for an arrest, if the arrest is challenged, or to show that a chemical test was properly required of a person under par. (f).

23.335(12)(e)4.4. There is no penalty for a violation of subd. 1. Subsection (23) (a) and the general penalty provision under s. 939.61 do not apply to the violation.

23.335(12)(f)1.1. A person shall provide one or more samples of his or her breath, blood, or urine for the purpose of authorized analysis if he or she is arrested for a violation of the intoxicated operation of an off-highway motorcycle law and if he or she is requested to provide the sample by a law enforcement officer. A person shall submit to one or more chemical tests of his or her breath, blood, or urine for the purpose of authorized analysis if he or she is arrested for a violation of the intoxicated operation of an off-highway motorcycle law and if he or she is requested to submit to the test by a law enforcement officer.

23.335(12)(f)2.2. A law enforcement officer requesting a person to provide a sample or to submit to a chemical test under subd. 1. shall inform the person of all of the following at the time of the request and prior to obtaining the sample or administering the test:

23.335(12)(f)2.b.b. That a refusal to provide a sample or to submit to a chemical test constitutes a violation under par. (h) and is subject to the same penalties and procedures as a violation of par. (a) 1.

23.335(12)(f)2.c.c. That in addition to the designated chemical test under par. (g) 2., he or she may have an additional chemical test under par. (g) 4.

23.335(12)(f)3.3. A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this paragraph, and if a law enforcement officer has probable cause to believe that the person violated the intoxicated operation of an off-highway motorcycle law, one or more chemical tests may be administered to the person without a request under subd. 1. and without providing information under subd. 2.

23.335(12)(g)1.1. Upon the request of a law enforcement officer, a test facility shall administer a chemical test of breath, blood, or urine for the purpose of authorized analysis. A test facility shall be prepared to administer 2 out of 3 of these tests for the purpose of authorized analysis. The department may enter into agreements for the cooperative use of test facilities.

23.335(12)(g)2.2. A test facility shall designate one chemical test of breath, blood, or urine which it is prepared to administer first as the primary test for the purpose of authorized analysis.

23.335(12)(g)3.3. A test facility shall designate another chemical test of breath, blood, or urine, other than the test designated under subd. 2., which it is prepared to administer as an additional chemical test for the purpose of authorized analysis.

23.335(12)(g)4.4. If a person is arrested for a violation of the intoxicated operation of an off-highway motorcycle law or is the operator of an off-highway motorcycle involved in an accident resulting in great bodily harm to or the death of someone and if the person is requested to provide a sample or to submit to a test under par. (f) 1., the person may request the test facility to administer the additional chemical test specified under subd. 3. or, at his or her own expense, reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood, or urine for the purpose of authorized analysis.