DWI on ATV's

**ronin178** · 06-16-04 08:27 PM

A question was asked today in our V&TL class about DWI on an ATV or Snowmobile on land other than a road or trail. This is in New York and I couldn't find anything to corroborate this charge in the Vehicle and Traffic law. I was interested if any officer has run across this in their time being on the job. I'm interested if any other states take into account for this unusual circumstance. Thanks.

**ngcsubutterbar** · 06-16-04 08:31 PM

I've been told directly of a guy on a horse that got stuck with a dwi.

**corporal716** · 06-16-04 08:39 PM

In California you could be arrested for driving an ATV while intoxicated.

23152 (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

See how they use the words, " drive a vehicle" ?
Its a cautch all. You can even be arrested for it on privet property.

**Norm357** · 06-16-04 08:40 PM

Originally Posted by ngcsubutterbar

I've been told directly of a guy on a horse that got stuck with a dwi.

I have heard that one too but can't confirm.

**ronin178** · 06-16-04 10:12 PM

Originally Posted by corporal716

In California you could be arrested for driving an ATV while intoxicated.

23152 (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

See how they use the words, " drive a vehicle" ?
Its a cautch all. You can even be arrested for it on privet property.

You're right, it's all in the wording. Our instructor hopefully will find a definitive answer. I can't imagine there could be a loophole like this. I mean, ATV's are specifically designed to NOT drive on roads and trails.

sbrad · 06-16-04 10:21 PM

In my state, as long as it has a motor and you are in actual physical control, then you can get a dui. It doesn't matter if it's on a public roadway or private property. The horse thing wouldn't work here, since a horse isn't motorized...well, except for those little horse rides outside the Kroger that Norm is always riding.

**Norm357** · 06-16-04 10:23 PM

well, except for those little horse rides outside the Kroger that Norm is always riding.

Im calling your Sheriff! :p

sbrad · 06-16-04 10:33 PM

Originally Posted by Norm357

Im calling your Sheriff! :p

I hope you're a voter then. ;)

**greenlead** · 06-17-04 12:41 AM

If it has a motor, and you can ride on it, you can be charged with DUI. This applies to boats as well.

**ngcsubutterbar** · 06-17-04 12:57 AM

careful, it's not riding while influenced. You can't always take passengers. ;)

**Toeknee112** · 06-17-04 02:02 AM

In California you can also be cited for DUI on a bicycle...

**Scruit** · 06-17-04 10:33 AM

I don't think the original question was about the vehicle - I think he's asking more about the area where the vehicle is operated. he said "Land other than a road or trail"

**Norm357** · 06-17-04 11:43 AM

It still would be a yes in Ga Scruit.

**Scruit** · 06-17-04 11:47 AM

DUI on lawn tractor? Well, he must have done somethign stupid to come to the attention of the local police... Trying to mow down the centerline of the road?

**corporal716** · 06-17-04 11:57 AM

When I worked the jail we had a guy in custody for DUI on a lawnmower. He said he was to drunk to walk to the store for more beer and thought if he were not driving a car it was legal.
He was worng!

Here's your sign.

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