Riding all terrain vehicles or ATVs is a common recreational activity in the rural areas surrounding Rochester.

While New York State has passed specific laws governing the operation of snowmobiles and boats while under the influence of alcohol, it has never passed any laws specifically directed at ATVs.

As a result, whether someone may be arrested for DWI while operating an ATV depends on the circumstances of the case.

If an ATV is operated on a public highway – even if just for the purpose of crossing it – it qualifies as a motor vehicle and the operator is subject to the same drinking and driving laws as someone driving a car.

As a result, the ATV operator may be charged with Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, Driving While Ability Impaired by Alcohol or any other provision of law commonly associated with drinking and driving in a motor vehicle.

When an ATV is not operated on a public highway, however, the circumstances under which the operate may face a drinking and driving charge are very limited.

While New York State has passed specific laws for snowmobiles forbidding operation on public land and even the private property of another person while under the influence of alcohol, there are no similar laws for ATVs.

As a result, there may be no viable charge that can be brought against someone operating an ATV in the wooded area of a public park while in an intoxicated condition unless it can be proven that the driver at some point operated the ATV on a public highway – such as crossing a road – while intoxicated.

Of course, no matter the type of vehicle, and regardless of whether a driver can be charged with DWI, driving under the influence of alcohol is not a good idea.

If you have been arrested for DWI and need legal help, please feel free to call us at 585-484-7432.