VAIDIK, J.
According to allegations in the record, police spotted a white Lexus in a ditch off the side of the road in Franklin County. Officer Mark Fritz was dispatched to investigate. Officer Fritz found Laker at the scene hitching the Lexus to the back of a Massey Ferguson farm tractor. Laker told Officer Fritz that a friend had wrecked the Lexus and had asked him to tow it out. Officer Fritz discovered that Laker did not have a driver’s license and that his driving privileges had been suspended. Officer Fritz also observed signs of intoxication, and a chemical breath test later indicated that Laker’s blood alcohol concentration was .10. Laker was taken into custody. Officer Fritz checked Laker’s driving record and noted a previous conviction for operating while intoxicated.
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. . . The primary issue in this case is whether the facts alleged by the State constitute criminal offenses—i.e., whether Laker’s alleged operation of a farm tractor can sustain charges of either operating while privileges are suspended or operating while intoxicated.
Indiana Code section 9-30-10-16 prohibits operation of a “motor vehicle” while driving privileges are suspended. Indiana Code section 9-13-2-105 provides that the term “motor vehicle” “does not include a farm tractor.”
Indiana Code chapter 9-30-5 prohibits operation of a “vehicle” while intoxicated. A “vehicle” is “a device for transportation by land or air,” Ind. Code § 9-13-2-196(f), and “in, upon, or by which a person or property is, or may be, transported or drawn upon a highway,” id. § 9-13-2-196(a). Farm tractors are not excepted from the definition of “vehicle” for purposes of OWI. See id. § 9-13-2-196(f); cf. id. § 9-13-2-196(b)(7)(F). The only express exception is for electric personal assistive mobility devices. Id. § 9-13-2-196(f). Also noteworthy is that the OWI statutes do apply to the operation of all-terrain vehicles. See State v. Manuwal, 904 N.E.2d 657, 657 (Ind. 2009).
As a farm tractor is not a “motor vehicle” for purposes of driving while privileges are suspended, we conclude that the operation of a farm tractor cannot sustain a charge for that offense. The State’s allegations were based specifically on Laker’s tractor, so the State thus failed to allege facts constituting the offense of driving while privileges are suspended, and trial court properly dismissed Count I. But since a farm tractor is not excluded from the definition of “vehicle” for purposes of operating while intoxicated, we conclude that the operation of a farm tractor may sustain charges for OWI. The State’s remaining OWI counts are therefore viable, and the trial court erred by dismissing them. See State v. Loveless, 705 N.E.2d 223, 226 (Ind. Ct. App. 1999) (operation of motorized bicycle was sufficient to support OWI conviction, as motorized bicycle was not excluded from definition of vehicle for purposes of OWI).
MAY, J., and ROBB, J., concur.