Troopers say the accident happened Saturday night around 10:37 p.m. in Perkins Township in Erie County south of Sandusky , Ohio.
Michael L. Hermes age 47 was driving a farm tractor pulling a hay ride trailer occupied by 30-40 passengers.
Hermes drove off the right side of the road causing the trailer to overturn.
State Highway Patrol troopers say driver Michael Hermes had open alcohol containers and refused to take a sobriety test Saturday night.
Police got a warrant to draw his blood for analysis.
Hermes was charged with Operating a Vehicle While Intoxicated, Aggravated Vehicular Assault, Open Container, Failure to Control and he was booked into Erie County Jail and released on $10,000 bond.
Two passengers of the hayride were airlifted to a hospital, where they were reported in fair condition.
Some passengers of the hayride were treated for bruises and possible broken bones.
Hermes is scheduled to appear in Sandusky Municipal Court on Tuesday, October 25, 2011 at 9am.
The crash is currently still under investigation by the Ohio State Highway Patrol.
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