Can I get a DUI on an ATV in California? Know these rules before going off-road
California has more than 140,000 acres dedicated to off-road riding, according to California State Parks.
All-terrain vehicles, dirt bikes, go karts and other off-highway vehicles can rev their engines and race at Oceano Dunes State Vehicular Recreation Area in San Luis Obispo County.
The state is home to eight other parks for off-highway vehicles.
Although these areas don’t have paved streets or traffic lights, the rules of the road still apply. That includes drug and alcohol use.
Can you get pulled for drunk driving while driving an ATV?
Here’s what to know:
What is considered impaired driving in California?
In California, it’s illegal to drive while under the influence of alcohol or any drug that affects your ability to drive safely,” according to the California Department of Motor Vehicles’ California Driver’s Handbook.
That includes cannabis.
In addition, “Some prescription medications and over-the-counter drugs may interfere with driving,” the San Luis Obispo Police Department said in a Wednesday, May 27, news release.
You can be arrested on suspicion of drunk driving in California if you have a blood alcohol concentration of 0.08% or higher, if you’re of drinking age.
The legal limit for commercial drivers or those transporting passengers for hire is 0.04%.
If you are under 21 years old or have a DUI probation, you can be arrested on suspicion of DUI with a blood alcohol concentration of 0.01% or higher.
“There is no legal standard or limit for how much marijuana is too much to drive,” the Law Office of Amy Chapman in Santa Rosa said.
Can I get a DUI on an ATV?
In California, DUI laws apply to all vehicles, including those intended for off-road use.
“The laws regarding driving under the influence of alcohol or drugs apply throughout California, both on and off-highway,” California State Parks said.
In other words, driving an ATV under the influence of alcohol or drugs is against the law.
California Vehicle Code “prohibits open alcoholic beverage containers in OHVs,” State Parks said.
You’re not allowed to have “any bottle, can or another receptacle containing any alcoholic beverage” that has been opened or has a broken seal, The Sacramento Bee reported previously.
What are the penalties for drunk driving in California?
If you are convicted of a DUI in California, the DMV will either suspend your driver’s license or revoke driving privileges.
You’ll also have to complete a DUI program, file proof of insurance and pay fees. You may also be required to have an ignition interlock device in your vehicle.
Drivers charged with a first-time DUI can face an average of $13,500 in fines and fees, plus up to six months in county jail.
Law enforcement can impound your car, and you may have to pay a storage fee.
All DUI convictions remain on your driver’s record for 10 years,” the DMV said.
“The penalties for violating California’s open container laws are relatively minor, but they can still significantly impact your life,” Los Angeles law firm Eisner Gorin LLP said.
If you are convicted of having an open container in a vehicle, you could be charged a maximum fine of $250.
Motorists under 21 can face fines up to $1,000 and have their driving privileges suspended for a year.
