Recreational vehicles come in all shapes and sizes, and tens of thousands of Minnesotans jump on their favorite ride and zip around the countless trails the state has to offer all summer long. Because you’re oftentimes taking the road less traveled, it can seem like you’re out of the view of the eyes of the law, and that can lead riders to make some poor decisions when it comes to drinking and driving on their UTV. In today’s blog, we take a closer look at recreational vehicle DUIs, and we explain what types of penalties you’ll face if you end up getting charged with a recreational vehicle DUI.
UTV DUIs
There are a number of different names for trail-ready recreational vehicles. There are All-Terrain Vehicles (ATVs), Utility Terrain Vehicles (UTVs), 4x4s, quads and four-wheelers, but whatever you call your motorized off-road vehicle, know that it is likely subjected to the same DUI laws as a standard vehicle. In fact, Avery put together a short whiteboard video to help explain which vehicles are subjected to standard DUI laws.
As you can see, it doesn’t matter which recreational vehicle you are on. If it is a motorized vehicle whose primary function is personalized transportation, odds are it is subjected to standard DUI laws. So what does that mean if you are are stopped by an officer on the trails when you’re out riding?
ATV and UTV DUI Penalties
Since utility terrain vehicles and other off-road vehicles are held to the same standard as a car or a truck, the penalties you’ll face if you’re convicted of a DUI will be very similar. Here’s a quick breakdown:
1st Offense, BAC between 0.08 and 0.16 – This would be considered a misdemeanor offense, which is punishable by up to 90 days in jail and fines up to $1,000. You will also face a 90-day driver’s license suspension, which can come in the form of a 15-day suspension followed by a 75-day limited license period, or you can continue to drive for 90 days as normal if you install and comply with an ignition interlock program. Depending on the circumstances of your arrest, a second offense within 10 years could also be handled as a misdemeanor.
Gross Misdemeanor – If you have a blood alcohol concentration over 0.16, or you have other aggravating factors like minors in the vehicle or previous DUIs on your record, you could face gross misdemeanor charges for your ATV DUI. That means you could face up to a year in jail, fines up to $3,000, and an even longer driver’s license suspension (typically one year).
Felony DUI – If you have been convicted of at least three previous DUIs within the last 10 years or you’ve previously been convicted of criminal vehicular operation or felony DUI, you can end up facing felony DUI charges if you’re caught driving on the trails under the influence of alcohol. This will include the potential of up to seven years in jail, fines up to $14,000, and license revocation/cancellation.
So if you are going to be riding the trails this summer, make sure you stay under the legal limit. It can be easy to stop by trailside bars and stay for one too many, but police know where to watch for inebriated riders and may even hang out along the trails waiting at hot spots. Keep it in check, make smart decisions, and if you end up in trouble, make sure your first call is to Avery and the team at Appelman Law Firm. We’ll work to help you keep your trail permit, your driver’s license and your dignity. For more information, or for a free case review, give us a call at (952) 224-2277.
