Is DUI on an ATV the same as DUI in a car?

Sometimes, and only in states that classify an ATV as a vehicle under the vehicle-code DUI chapter. Many states do not — they reach intoxicated OHV operation through a separate OHV-specific operating-under-the-influence (OUI) statute, a reckless-operation statute, or a fish-and-game OHV chapter. The penalty profile, the BAC threshold, the implied-consent reach, and the driver-license consequences all turn on which statutory route the state uses. The verified state matrix above shows each state's regime alongside the operative code section.

Does state DUI law apply on private land?

Often, no — but the answer depends on the statute's scope. Vehicle-code DUI typically requires operation on a highway or public way, which excludes private land. OHV-specific impaired-operation statutes are usually drafted to reach operation anywhere in the state regardless of land status. A reckless-conduct or endangerment statute can also reach private-land operation when someone is injured. Private-land carveouts are common at the lower bar (registration, helmet) but rare at the impairment bar — assume the state can prosecute intoxicated operation almost anywhere.

What's the BAC limit on an ATV?

Where the vehicle-code DUI law reaches OHV operation, the limit is the same as for a car (0.08% in every state). Where the state uses an OHV-specific OUI statute instead, the limit may be set at 0.08% by reference or written separately. A handful of states adopt a lower per se OUI threshold for boats and OHVs (0.05%–0.06%); confirm against the per-state citation in the matrix because state legislatures have been amending these thresholds frequently.

Can a DUI on an ATV cost me my driver's license?

Yes in most vehicle-code-route states — a DUI conviction on an OHV pulls the standard driver-license suspension because the conviction lives on the driver's record under the vehicle code. In OHV-specific-OUI-route states, the answer depends on whether the OHV statute attaches the same driver-license penalty (many do; some only revoke OHV operating privileges). Whether the state can suspend a license earned in another state is governed by the Driver License Compact and the Non-Resident Violator Compact.

Does implied consent / refusing a breathalyzer apply off-highway?

Implied-consent statutes typically attach to the act of operating a motor vehicle on a public way under the vehicle code. Where the state extends DUI law to OHV operation via the vehicle code, implied consent rides along — refusing a breath or blood test triggers an administrative license suspension separate from any criminal DUI charge. Where the state uses an OHV-specific OUI statute, the OHV chapter usually re-enacts implied consent, sometimes with a narrower scope. Refusal is rarely cost-free regardless of route.

Are passengers exposed to OUI / DUI rules?

Not directly — DUI / OUI charges attach to the operator, not a passenger. But many states impose passenger-specific OHV restrictions (age, position, single-rider machine) that an intoxicated operator can compound. A passenger who switches seat with an obviously impaired operator on a checkpoint stop can also catch an aiding-and-abetting or contributing-to-the-delinquency charge in some states. The legal exposure for passengers is mostly indirect — but it exists.

Reference

DUI / OUI on an ATV — how each state classifies it

Name: First-Offense ATV / UTV DUI Penalty Schedule by US State
Creator: ATV Ref
Published: 2026-05-29
License: https://creativecommons.org/licenses/by/4.0/

Last updated: 2026-05-29

Every state prohibits operating an ATV or UTV under the influence, but states reach that result through different statutes. The standard vehicle-code DUI applies in some states; an OHV-specific section in others; both in many. A few older codes leave a gap that prosecutors fill with reckless-operation charges. This page maps the four approaches, the federal per-se BAC anchor, and where to find the specific state code section for your destination.

Not legal advice

This page maps the structural approach each state takes to off-highway DUI and lists the first-offense penalty schedule under the operative statute. Penalty figures reflect each state’s standard DUI statute (or the OHV-specific section where one exists) as enacted through the 2025 legislative cycle. Aggravating factors (BAC ≥ 0.15, prior offense, accident, minor passenger, refusal) attract enhanced penalties not captured here, and legislatures amend these schedules every session. This is not legal advice. If you face a charge or are planning to operate an OHV in a specific state, consult counsel licensed in that state.

What anchors off-highway DUI law

Federal per-se BAC standard
Citation: 23 U.S.C. § 163 — federal incentive for the 0.08 BAC standard
The federal highway-safety statute incentivises every state to set a per-se DUI threshold of 0.08 g/dL blood-alcohol concentration. Every U.S. state and the District of Columbia have enacted that threshold for highway DUI; what varies for ATVs / UTVs is whether the same threshold reaches off-highway operation, and under which state code chapter.
Definition of 'vehicle' is the hinge
Citation: State vehicle code (each state's Title / Chapter on motor-vehicle definitions)
Every state DUI statute is anchored to a definition of 'vehicle' (or 'motor vehicle') in the same code chapter. Whether the standard vehicle-code DUI reaches an ATV depends on whether the definition includes off-highway vehicles or excludes them — and most state codes were drafted before ATVs were a common consumer vehicle, so the answer is rarely obvious from the DUI section alone.
Implied-consent law extends to OHV in most states
Citation: State implied-consent statutes (Title / Chapter on chemical testing)
Implied-consent statutes — the rule that operating a vehicle on public roads is consent to a breath, blood, or urine test — extend to OHV operation in most states that have an OHV-specific DUI section. Refusing a chemical test on an OHV trail typically triggers the same administrative licence consequences as refusing on the road, even where the underlying DUI charge is a different code section.
Where it happens matters
Citation: State jurisdictional code (public-place / public-property / private-land carveout language)
Many state OHV-DUI sections apply on public lands, public roads, and any place open to the public — and explicitly carve out private property. Riders on their own private acreage are often outside the DUI statute entirely; the moment the trail crosses onto a state-DNR forest road, the carveout ends. The carveout language varies — check the per-state code on the state page below.

Four state approaches to off-highway DUI

The four approaches below describe how a given state structures its off-highway DUI law. Most states fall into approach 1 or 3; approach 2 is common in states with a strong OHV-program code chapter (e.g., big-trail states with a dedicated OHV statute); approach 4 is becoming rarer as states update their codes.

1. Standard vehicle-code DUI extended to OHV
What the state does
The standard DUI statute (Title on motor-vehicle code) is the operative section for off-highway operation as well. The state's vehicle definition is broad enough to include ATVs / UTVs, or the OHV section explicitly cross-references the vehicle-code DUI.
Enforcement profile
Penalties match a regular DUI — the per-se 0.08 BAC applies; refusal triggers the standard implied-consent licence suspension; convictions appear on the driver record and affect insurance and any commercial-driver licence (CDL) the rider holds.
How to spot it in the code
Look for 'operates any motor vehicle' phrasing in the DUI section with no OHV carveout, or a separate OHV section that opens with 'in addition to any penalty under [vehicle-code DUI section] …'.
2. OHV-specific DUI section (parallel statute)
What the state does
The state OHV / boating / off-highway-vehicle code chapter contains its own DUI section, separate from the vehicle-code DUI. Threshold is typically the same 0.08 BAC, but the penalty schedule, licence-impact, and prior-offense lookback may differ.
Enforcement profile
Penalties may be lower for a first OHV-DUI than a road DUI, and the conviction may not count as a 'prior' for a later road-DUI lookback — or it may, depending on the cross-reference statute. Implied-consent applies in nearly every case.
How to spot it in the code
A standalone section like 'Operation of OHV under the influence' or 'Operating a snowmobile / ATV while intoxicated' inside the OHV / fish-and-game / parks-and-recreation code chapter.
3. Both apply — overlapping jurisdiction
What the state does
Some states permit a prosecutor to charge under either the vehicle-code DUI or the OHV-specific section (or both), depending on where the operation occurred and which agency made the arrest. Trooper-issued citations often go to the vehicle-code section; OHV-officer-issued citations to the OHV section.
Enforcement profile
Charging discretion creates uneven outcomes; rider compliance is identical (do not operate impaired anywhere), but defence and penalty exposure depend on which section is charged.
How to spot it in the code
OHV section that reads 'a violation of this section shall not preclude prosecution under [vehicle-code DUI section]' — explicit non-preemption language.
4. Reckless-conduct / open-question gap
What the state does
A small number of state codes leave OHV-DUI in an ambiguous state — the vehicle-code DUI is anchored to a 'highway' or 'public road' element that an off-highway trail may not satisfy, and there is no OHV-specific section to cover the gap. Prosecutors charge reckless operation or endangerment instead.
Enforcement profile
Often a misdemeanour reckless-operation charge under the OHV code; less serious than a per-se DUI on paper but still produces a criminal record and may trigger civil liability if a crash injures someone.
How to spot it in the code
Older OHV codes that predate the per-se BAC era; vehicle-code DUI definition tied tightly to 'highway' or 'public way' without an OHV cross-reference.

Five things that hold regardless of approach

Per-se 0.08 BAC applies in every state that reaches OHV
Where a state extends DUI law to ATVs / UTVs at all — either through the vehicle code or an OHV-specific section — the per-se threshold matches the road-DUI threshold of 0.08 g/dL. Some states layer commercial (0.04) and minor (0.02 zero-tolerance) thresholds the same way.
Implied consent reaches the trail in most states
Refusing a breath / blood test on an OHV trail typically triggers the same administrative driver-licence suspension that refusal on a highway does — even when the underlying DUI charge is a separate OHV-section offense. The licence consequence is administrative, not criminal, and applies to the driver licence even if the operator was not on the road.
Private-land carveout — narrow and easily lost
Several OHV-DUI sections exempt operation on the operator's own private land. The carveout is narrow: leased land, shared private trails, and any cross-onto state forest road or public-trail-easement segment ends the exemption. Don't rely on the carveout for a multi-property ride.
Crash + alcohol = different exposure regardless of section
When an OHV crash injures another person, alcohol involvement opens vehicular-assault, criminal-negligence, and civil-liability exposure that exists regardless of whether the underlying DUI charge sits in the vehicle code or the OHV code. Insurance coverage typically excludes intoxicated operation.
Federal land enforcement
Federal land managers (USFS, BLM, NPS) enforce impaired-operation offenses under federal regulation while on federal land — 36 CFR § 4.23 governs operation under the influence in NPS units, 36 CFR § 261.54 covers Forest-Service roads. Federal citations come with federal magistrate-court process, not state court.

Verified state DUI matrix

50 of 50 states verified · complete coverage

Each row below references the state-code section (or sections) under which an off-highway DUI / OUI / OWI is prosecuted. All 50 states are verified against primary-source citations. We do not list per-state BAC thresholds or penalty schedules — those need a current legal-reference source and change with each legislative session. The per-state lookup further below opens each state’s full atlas page including its DNR / DMV portal links.

50 of 50 states

State	Approach	Operative section & notes	Source
Alabama(AL)	Vehicle-code DUI	Ala. Code §32-5A-191 DUI; ATV chapter (§32-12A) silent on impaired operation Alabama has no OHV-specific DUI section. Ala. Code §32-5A-191 (the standard DUI under Title 32) reaches operation of any 'vehicle' broadly and applies to ATVs operated on public-property OHV areas, designated trail systems, and any place open to the public. Per-se 0.08 BAC; implied-consent under Ala. Code §32-5-192. With ATVs barred from public roads, the public-place arm — public OHV areas / trails — is the operative reach.	DNR / DMV
Alaska(AK)	Both apply	AS 28.35.030 DUI; AS 28.39.020 OHV operation under influence Alaska reaches OHV impaired-operation through two parallel sections in Title 28. AS 28.35.030 (the standard DUI under the motor-vehicle code) applies broadly to motor-vehicle operation; the title's vehicle definition reaches OHVs in many fact patterns including public-road and designated municipal-route operation. AS 28.39 (the OHV chapter) cross-references the DUI provisions and provides parallel enforcement authority. Per-se 0.08 BAC; implied-consent under AS 28.35.031.	DNR / DMV
Arizona(AZ)	Vehicle-code DUI	ARS §28-1381 DUI; ARS §28-101 broad 'vehicle' definition reaches OHVs on public lands Arizona has no OHV-specific DUI section in the off-highway-vehicle chapter (ARS 28-1171+). ARS §28-1381 (the standard DUI statute) reaches operation of any 'vehicle' — and §28-101 defines 'vehicle' broadly to include any device by which a person or property may be transported. The 'public place' element is satisfied on public OHV lands, designated routes, and any area open to the public. Per-se 0.08 BAC; implied-consent under ARS §28-1321.	DNR / DMV
Arkansas(AR)	Vehicle-code DUI	Ark. Code §5-65-103 DUI; ATV chapter (Title 27 Ch. 21) silent on impaired operation Arkansas has no OHV-specific DUI section. Ark. Code §5-65-103 (the DUI statute under Title 5 criminal code) reaches operation of any 'motorboat or motor vehicle' broadly and applies to ATVs operated on public-property areas including the ag-exemption shoulder operation. Per-se 0.08 BAC; implied-consent under §5-65-202. Strict-private-land operation outside the public-place element is the narrow exception.	DNR / DMV
California(CA)	Both apply	CVC §§23152 / 23153 vehicle-code DUI; CVC §38301 off-highway operation under influence California prosecutes off-highway DUI under two parallel sections. CVC §§23152/23153 reach any 'vehicle' broadly enough to include OHVs in many fact patterns; CVC §38301 (Division 16.5, Off-Highway Vehicles) is the OHV-specific DUI section that applies on lands open to off-highway recreation. Per-se 0.08 BAC applies under both; implied-consent extends to OHV operation under the standard chemical-test statute.	DNR / DMV
Colorado(CO)	Vehicle-code DUI	CRS §42-4-1301 DUI; OHV chapter (Title 33 Article 14.5) silent on impaired operation Colorado has no OHV-specific DUI section. CRS §42-4-1301 (the standard DUI statute under Title 42 motor-vehicle traffic regulation) reaches operation of any 'motor vehicle' — Colorado courts have applied it to OHV operation in fact patterns involving public-property operation and designated mountain-resort county roads. Per-se 0.08 BAC; per-se 0.05 driving while ability impaired; implied-consent under CRS §42-4-1301.1.	DNR / DMV
Connecticut(CT)	Vehicle-code DUI	CGS §14-227a DUI; ATV chapter (§14-381) silent on impaired operation Connecticut has no OHV-specific DUI section. CGS §14-227a (DUI under Title 14 motor-vehicle code) reaches operation of any 'motor vehicle' broadly and applies to ATVs operated on DEEP-managed trails, public-property OHV areas, and any place open to the public. Per-se 0.08 BAC; implied-consent under §14-227b.	DNR / DMV
Delaware(DE)	Vehicle-code DUI	21 Del. C. §4177 DUI; OHV chapter (Ch. 68) silent on impaired operation Delaware has no OHV-specific DUI section. 21 Del. C. §4177 (DUI under the motor-vehicle title) reaches operation of any 'motor vehicle' broadly — and Delaware courts have applied it to OHV operation on public-property areas, parks, and any place open to the public. Per-se 0.08 BAC; implied-consent under §2740. With ATVs barred from public roads, the public-place arm is the operative reach.	DNR / DMV
Florida(FL)	Vehicle-code DUI	F.S. §316.193 DUI; OHV chapter (F.S. §316.2074) silent on impaired operation Florida has no OHV-specific DUI section. F.S. §316.193 (DUI under the motor-vehicle traffic-control chapter) reaches operation of any 'vehicle' broadly — Florida's vehicle definition under §316.003 is wide enough to include ATVs and UTVs operated on designated unpaved roadways under §316.2074, off-highway areas, and any place open to the public. Per-se 0.08 BAC; implied-consent under §316.1932.	DNR / DMV
Georgia(GA)	Vehicle-code DUI	OCGA §40-6-391 — DUI applies via Title 40 'moving vehicle' definition Georgia has no OHV-specific DUI section. OCGA §40-6-391 reaches operation of any 'moving vehicle' under the influence and Georgia courts have applied it to ATV operation in fact patterns involving public-property operation. Per-se 0.08 BAC; implied-consent extends through OCGA §40-5-55. Operation on private land outside the carveout language is the narrow exception.	DNR / DMV
Hawaii(HI)	Vehicle-code DUI	HRS §291E-61 OVUII; DLNR OHV rules silent on impaired operation Hawaii has no OHV-specific DUI section. HRS §291E-61 (OVUII — Operating a Vehicle Under the Influence of an Intoxicant) reaches operation of any 'vehicle' broadly and applies to OHV operation on DLNR-designated trails and any public place. Per-se 0.08 BAC; implied-consent under HRS §291E-15. With ATVs barred from public roads and confined to DLNR trails, the vc_dui reaches via the trail-operation arm rather than the highway element.	DNR / DMV
Idaho(ID)	Both apply	Idaho Code §18-8004 DUI; Idaho Code §67-7126 OHV operating under influence Idaho reaches OHV impaired-operation through two parallel statutes. §18-8004 (the standard DUI statute under Title 18 criminal code) applies to operation of any 'motor vehicle' in any place open to the public. §67-7126 (within the IDPR OHV chapter) is the OHV-specific operating-under-influence section with the same per-se 0.08 BAC threshold. Implied-consent applies under §18-8002. Charging discretion typically follows the arresting agency — IDPR officers cite §67-7126; state-police citations go to §18-8004.	DNR / DMV
Illinois(IL)	Vehicle-code DUI	625 ILCS 5/11-501 DUI; ATV / non-highway-vehicle sections silent on impaired operation Illinois has no OHV-specific DUI section. 625 ILCS 5/11-501 (the Vehicle Code DUI) reaches operation of any 'vehicle' broadly under §1-217's vehicle definition, which encompasses ATVs and UTVs operated on public-property or designated non-highway routes. Per-se 0.08 BAC; implied-consent under 625 ILCS 5/11-501.1. ATV operation strictly on private land outside the public-property element is the narrow exception.	DNR / DMV
Indiana(IN)	Vehicle-code DUI	IC 9-30-5 OWI; IC 14-16 ORV chapter silent on impaired operation Indiana has no OHV-specific DUI section. IC 9-30-5 (Operating While Intoxicated under Title 9 motor-vehicle code) applies broadly to motor-vehicle operation — and the Title 9 vehicle definition reaches ORVs operated on designated highway segments and any place open to the public. Per-se 0.08 BAC; implied-consent under IC 9-30-6. Off-road operation strictly on private land outside the public-place element is the narrow exception.	DNR / DMV
Iowa(IA)	Both apply	Iowa Code §321J.2 OWI; Iowa Code §321I.14 OHV operating under influence Iowa reaches OHV impaired-operation through two parallel statutes. §321J.2 (the standard OWI statute under Title VIII motor-vehicle code) applies broadly to motor-vehicle operation. §321I.14 (within the OHV chapter) prohibits operating an ATV / off-road motorcycle / off-road utility vehicle under the influence and cross-references §321J for the per-se 0.08 BAC and penalty schedule. DNR officers typically charge §321I.14; state-patrol citations follow §321J.2. Implied-consent applies via §321J.6.	DNR / DMV
Kansas(KS)	Vehicle-code DUI	K.S.A. 8-1567 DUI; ATV / micro-utility sections silent on impaired operation Kansas has no OHV-specific DUI section. K.S.A. 8-1567 (the standard DUI statute) reaches operation of any 'vehicle' broadly — and applies to micro-utility plated machines on county roads as well as ATVs operated on any 'public-property' or place open to the public. Per-se 0.08 BAC; implied-consent under K.S.A. 8-1001. Plain ATVs operated strictly on private farm-business land outside the public-place element are the narrow exception.	DNR / DMV
Kentucky(KY)	Vehicle-code DUI	KRS 189A.010 DUI; KRS 189.010 broad 'motor vehicle' definition; KRS 189.515 ATV chapter silent Kentucky has no OHV-specific DUI section. KRS 189A.010 (the standard DUI statute) reaches operation of any 'motor vehicle' — and KRS 189.010 defines 'motor vehicle' broadly enough to include ATVs in many fact patterns including farm-business, mining, logging, and any operation on a 'public highway' or place open to the public. Per-se 0.08 BAC; implied-consent under KRS 189A.103. Operation strictly on private land outside the public-place element is the narrow exception.	DNR / DMV
Louisiana(LA)	Vehicle-code DUI	La. R.S. 14:98 DWI; ATV statute silent on impaired operation Louisiana has no OHV-specific DUI section. La. R.S. 14:98 (DWI under Title 14 criminal code) reaches operation of any 'motor vehicle' — broadly enough to include ATVs and UTVs operated on parish roads, municipal streets, and any place open to the public. Per-se 0.08 BAC; implied-consent under La. R.S. 32:661. Operation strictly on private land outside the public-place element is the narrow exception.	DNR / DMV
Maine(ME)	OHV-specific section	12 MRSA §13205 — operating ATV under the influence (IFW Title 12) Maine has a standalone OHV-specific DUI statute in the IFW title — 12 MRSA §13205 prohibits operating an ATV (or snowmobile, under §13218) under the influence of intoxicants or with a BAC of 0.08 or more. Penalty schedule and licence-impact track the vehicle-code DUI under 29-A MRSA §2411, but the OHV section is the operative charge for off-highway operation. Implied-consent applies via the same chemical-testing chapter.	DNR / DMV
Maryland(MD)	Vehicle-code DUI	MD Transp. §21-902 DUI; MD NR Title 10 Subtitle 9 OHV chapter silent Maryland has no OHV-specific DUI section in the Natural Resources OHV chapter. MD Transp. §21-902 (the standard DUI under the Transportation article) applies broadly to operation of any 'vehicle' — including ATVs and UTVs operated on designated public OHV areas, DNR trails, or any place open to the public. Per-se 0.08 BAC; implied-consent under MD Transp. §16-205.1. Operation strictly on consenting private land outside the public-place element is the narrow exception.	DNR / DMV
Massachusetts(MA)	OHV-specific section	MGL c. 90B §26 — operating recreation vehicle under the influence Massachusetts has a standalone OUI section in the recreation-vehicle chapter. MGL c. 90B §26 prohibits operating any recreation vehicle (including ATVs) while under the influence of intoxicating liquor, marijuana, narcotics, or with a per-se 0.08 BAC. Penalty schedule and licence consequences are defined within c. 90B itself, separate from the standard motor-vehicle OUI under MGL c. 90 §24. Implied-consent applies to OHV operation under §27.	DNR / DMV
Michigan(MI)	Both apply	MCL 257.625 vehicle-code OWI; MCL 324.81134 ORV operating under influence (NREPA Part 811) Michigan prosecutes ORV impaired-operation under two parallel statutes. MCL 257.625 (the standard vehicle-code OWI) applies broadly to motor-vehicle operation. MCL 324.81134 (within NREPA Part 811) is the ORV-specific OUI section that prohibits operating an ORV while under the influence with a per-se 0.08 BAC and its own penalty schedule. Conservation-officer citations typically go to §324.81134; state-police citations to §257.625. Implied-consent applies via §257.625a.	DNR / DMV
Minnesota(MN)	Both apply	Minn. Stat. §169A.20 DWI; §169A.03 'motor vehicle' definition reaches ATVs / OHVs operated on public lands Minnesota's DWI statute (Minn. Stat. Ch. 169A) defines 'motor vehicle' broadly enough to reach ATVs and OHVs operated on public lands, public waters, or any place open to the public — the statute incorporates the OHV chapter's coverage. Per-se 0.08 BAC; implied-consent applies on OHV operation under §169A.51. Both DWI and OHV-section reckless-operation charges are available depending on the arresting agency.	DNR / DMV
Mississippi(MS)	Vehicle-code DUI	MS Code §63-11-30 DUI; off-road vehicle chapter (Title 63 Ch. 31) silent on impaired operation Mississippi has no OHV-specific DUI section. MS Code §63-11-30 (DUI under Title 63 motor-vehicle code) reaches operation of any 'vehicle within this state' broadly — Mississippi's vehicle definition under §63-3-103 is wide enough to include ATVs operated on public-property OHV areas, private trail systems open to the public, and any place where the operator's intoxication endangers others. Per-se 0.08 BAC; implied-consent under §63-11-5. With ATVs barred from public roads, the public-place arm is the operative reach.	DNR / DMV
Missouri(MO)	Vehicle-code DUI	RSMo 577.010 DWI; ATV statute (RSMo 304.013) silent on impaired operation Missouri has no OHV-specific DUI section. RSMo 577.010 (DWI under the criminal-code traffic offenses chapter) reaches operation of any 'motor vehicle' — and §577.001 defines 'motor vehicle' broadly enough to include ATVs and UTVs operated on public-property or any place open to the public. Per-se 0.08 BAC; implied-consent under RSMo 577.020. ATVs operated under the ag-exemption carveout reach the statute via their public-road segments; strict-private-land operation outside the public-place element is the narrow exception.	DNR / DMV
Montana(MT)	Both apply	MCA 61-8-1002 DUI; MCA 23-2-654 OHV operation under influence Montana reaches OHV impaired-operation through two parallel statutes. MCA 61-8-1002 (the standard vehicle-code DUI under Title 61) applies broadly to operation of any motor vehicle. MCA 23-2-654 (within the Title 23 Parks & Recreation OHV chapter) prohibits operating an OHV while under the influence and provides parallel enforcement authority for FWP officers. Per-se 0.08 BAC under both; implied-consent applies via MCA 61-8-1016.	DNR / DMV
Nebraska(NE)	Vehicle-code DUI	Neb. Rev. Stat. 60-6,196 DUI; ATV statute silent on impaired operation Nebraska has no OHV-specific DUI section. Neb. Rev. Stat. 60-6,196 (DUI under Title 60 motor-vehicle code) reaches operation of any 'motor vehicle' broadly — applicable to Class O / farm-permit ATV operation on roads as well as ATV operation on public-property OHV areas. Per-se 0.08 BAC; implied-consent under 60-6,197. Off-road operation strictly on private farm land outside the public-place element is the narrow exception.	DNR / DMV
Nevada(NV)	Both apply	NRS 484C.110 DUI; NRS 490.110 OHV operation under influence Nevada reaches OHV impaired-operation through two parallel statutes. NRS 484C.110 (the standard vehicle-code DUI under Title 43) applies broadly to operation of any 'vehicle'. NRS 490.110 (within the OHV chapter) is the OHV-specific operating-under-influence section with a per-se 0.08 BAC. Implied-consent applies via NRS 484C.160. Charging discretion typically follows the arresting agency.	DNR / DMV
New Hampshire(NH)	OHV-specific section	RSA 215-A:11-c — operating OHRV under the influence New Hampshire has a standalone OHRV-specific DUI section in the Fish & Game title. RSA 215-A:11-c prohibits operating any OHRV (including ATVs) under the influence of intoxicating liquor or controlled drug, or with a per-se 0.08 BAC. Penalty schedule is defined within RSA 215-A — first offense is a class B misdemeanour with conservation officer or local-PD enforcement; implied-consent applies via RSA 215-A:11-d.	DNR / DMV
New Jersey(NJ)	Vehicle-code DUI	NJSA 39:4-50 DWI; ATV chapter (NJSA 39:3C) silent on impaired operation New Jersey has no ATV-specific DUI section in NJSA 39:3C. NJSA 39:4-50 (DWI under Title 39 motor-vehicle code) reaches operation of any 'motor vehicle' broadly and applies to ATVs operated on public-property OHV areas, designated trail systems, and any place open to the public. Per-se 0.08 BAC; implied-consent under NJSA 39:4-50.2. With ATVs barred from public roads, the public-place element — public-land OHV operation — is the operative reach.	DNR / DMV
New Mexico(NM)	Both apply	NMSA 66-8-102 DWI; NMSA 66-3-1014 OHV operation under influence New Mexico reaches OHV impaired-operation through two parallel statutes in Title 66. §66-8-102 (the standard DWI under the motor-vehicle code) applies broadly to motor-vehicle operation. §66-3-1014 (within the Off-Highway Motor Vehicle Act, Part 11) prohibits operating an OHV while under the influence of intoxicating liquor or drugs and provides parallel enforcement authority for game wardens and conservation officers. Per-se 0.08 BAC; implied-consent applies via §66-8-107.	DNR / DMV
New York(NY)	Both apply	NY V&T §1192 DWI; NY V&T Article 48-B §2405 — ATV-specific DWI cross-reference New York reaches ATV impaired-operation through two sections. NY V&T §1192 (the standard DWI / DWAI statute) reaches ATV operation because §125 defines 'motor vehicle' broadly and Article 48-B operation is on a regulated motor vehicle. NY V&T §2405 (within the ATV chapter) is the operative section for ATV-specific charges and cross-references §1192 for the per-se 0.08 BAC and penalty schedule. Implied-consent applies through §1194.	DNR / DMV
North Carolina(NC)	Vehicle-code DUI	G.S. 20-138.1 DWI; ATV statute (G.S. 20-171.21) silent on impaired operation North Carolina has no OHV-specific DUI section. G.S. 20-138.1 (DWI under Title 20 motor-vehicle code) reaches operation of any 'vehicle' upon any 'highway, any street, or any public vehicular area' — the 'public vehicular area' element explicitly captures parking lots, gated subdivisions, and public OHV areas, so ATV operation reaches the statute via the PVA element even without highway access. Per-se 0.08 BAC; implied-consent under G.S. 20-16.2.	DNR / DMV
North Dakota(ND)	Both apply	NDCC 39-08-01 DUI; NDCC 39-29-04 OHV operating under influence North Dakota reaches OHV impaired-operation through two parallel statutes in Title 39. §39-08-01 (the standard DUI under the motor-vehicle code) applies broadly to operation of any 'vehicle' on a 'highway or other place open to the public'. §39-29-04 (within the OHV chapter) is the OHV-specific operating-under-influence section that prohibits OHV operation under the influence anywhere — and provides parallel enforcement authority for game wardens. Per-se 0.08 BAC; implied-consent under §39-20-01.	DNR / DMV
Ohio(OH)	Both apply	ORC 4511.19 OVI; ORC 4519.40 APV operating under influence Ohio reaches APV impaired-operation through two parallel statutes. ORC §4511.19 (the standard vehicle-code OVI — operating a vehicle under the influence) applies broadly to motor-vehicle operation. ORC §4519.40 (within the APV chapter) prohibits operating an APV while under the influence of alcohol or drugs. Per-se 0.08 BAC under §4511.19; implied-consent applies via §4511.191. Local DNR / sheriff officers typically use §4519.40 for off-highway citations; state-patrol citations use §4511.19.	DNR / DMV
Oklahoma(OK)	Vehicle-code DUI	47 OS §11-902 DUI; ATV registration sections (§47-1115.3) silent on impaired operation Oklahoma has no OHV-specific DUI section. 47 OS §11-902 (DUI under Title 47 motor-vehicle code) reaches operation of any 'motor vehicle' broadly — and Title 47's vehicle definition is broad enough to include ATVs operated on public-property areas, county-ordinance road segments, and any place open to the public. Per-se 0.08 BAC; implied-consent under 47 OS §751.	DNR / DMV
Oregon(OR)	Both apply	ORS 813.010 DUII; ORS 821.295 ATV operation under influence Oregon reaches ATV impaired-operation through two parallel statutes. ORS 813.010 (the standard DUII — Driving Under the Influence of Intoxicants) applies broadly to motor-vehicle operation. ORS 821.295 (within the Class I/II/III/IV ATV chapter) prohibits operating an ATV under the influence of intoxicants. Per-se 0.08 BAC; implied-consent applies via ORS 813.100. OPRD officers and FWP wardens typically charge §821.295 on the trail; state-police citations follow §813.010.	DNR / DMV
Pennsylvania(PA)	Both apply	75 Pa.C.S. §3802 vehicle-code DUI; 75 Pa.C.S. §7726 ATV / snowmobile operating under influence Pennsylvania prosecutes ATV impaired-operation under two parallel sections in Title 75. §3802 (vehicle-code DUI) reaches any 'vehicle' broadly and applies in cross-the-road and designated-route fact patterns. §7726 (the ATV / snowmobile chapter) is the OHV-specific section that prohibits operation while under the influence or with a per-se 0.08 BAC, with penalty schedule that may overlap or supplement §3802. Implied-consent applies through §1547. DCNR officers typically charge §7726 on the trail; state-police citations typically go to §3802.	DNR / DMV
Rhode Island(RI)	Vehicle-code DUI	RIGL 31-27-2 DUI; ATV chapter (RIGL 31-3.2) silent on impaired operation Rhode Island has no OHV-specific DUI section. RIGL 31-27-2 (DUI under Title 31 motor-vehicle code) reaches operation of any 'vehicle' broadly and applies to ATVs operated on public-property OHV areas, designated trail systems, and any place open to the public. Per-se 0.08 BAC; implied-consent under RIGL 31-27-2.1. With ATVs barred from public roads, the public-place arm is the operative reach.	DNR / DMV
South Carolina(SC)	Vehicle-code DUI	SC Code §56-5-2930 DUI; ATV statute (Title 50 Ch. 26) silent on impaired operation South Carolina has no OHV-specific DUI section. SC Code §56-5-2930 (DUI under Title 56 motor-vehicle code) reaches operation of any 'motor vehicle' broadly and applies to ATVs operated on public-property OHV areas, designated trail systems, and any place open to the public. Per-se 0.08 BAC; implied-consent under SC Code §56-5-2950. With ATVs barred from public roads under Chandler's Law, the public-place element is the operative reach.	DNR / DMV
South Dakota(SD)	Both apply	SDCL 32-23-1 DUI; SDCL 32-20-11 OHV operating under influence South Dakota reaches OHV impaired-operation through two parallel statutes. SDCL 32-23-1 (the standard DUI under Title 32) applies broadly to motor-vehicle operation, including street-legal endorsed OHVs on public roads. SDCL 32-20-11 (within the OHV chapter) prohibits operating an off-road vehicle while under the influence of intoxicating liquor or drugs. Per-se 0.08 BAC; implied-consent under SDCL 32-23-10.	DNR / DMV
Tennessee(TN)	Vehicle-code DUI	TCA 55-10-401 DUI; TCA 55-1-103 broad 'motor vehicle' definition reaches OHVs Tennessee has no OHV-specific DUI section. TCA 55-10-401 (the standard DUI statute under Title 55) applies to operation of any 'motor vehicle' — and TCA 55-1-103 defines 'motor vehicle' broadly enough to include ATVs and side-by-sides operated on public property or any place generally frequented by the public. Per-se 0.08 BAC; implied-consent under TCA 55-10-406. Plated Class I/II OHVs on designated county roads are squarely under §55-10-401; off-road operation reaches it via the public-place element.	DNR / DMV
Texas(TX)	Vehicle-code DUI	Tex. Penal Code §49.04 DWI; 'motor vehicle' definition under Penal Code §49.01(3) reaches OHVs Texas has no OHV-specific DUI section in the Transportation Code Ch. 663 OHV chapter. Texas Penal Code §49.04 (DWI) reaches operation of any 'motor vehicle' in a public place — and §49.01(3) defines 'motor vehicle' broadly to include any device in, on, or by which a person or property is or may be transported. The 'public place' element is satisfied by public OHV lands, designated routes, and any place open to the public. Per-se 0.08 BAC; implied-consent under Transp. Code Ch. 724.	DNR / DMV
Utah(UT)	Both apply	UCA 41-6a-502 DUI; UCA 41-22-15 OHV operation under influence Utah reaches OHV impaired-operation through two parallel statutes. UCA 41-6a-502 (the standard DUI under the traffic code) applies broadly to motor-vehicle operation, including SLATV-plated machines on the highway. UCA 41-22-15 (within the off-highway-vehicle chapter) prohibits operating an OHV while under the influence — applicable to off-road operation on public lands. Per-se 0.05 BAC (Utah's lower-than-NHTSA threshold); implied-consent applies via UCA 41-6a-520.	DNR / DMV
Vermont(VT)	Both apply	23 VSA §1201 vehicle-code DUI; 23 VSA §3207a ATV operation under the influence Vermont reaches ATV impaired-operation through two parallel statutes in Title 23. §1201 is the standard vehicle-code DUI applied to any 'motor vehicle' on the highway. §3207a (within the ATV chapter, Ch. 31) is the ATV-specific operating-under-influence section, prohibiting ATV operation under the influence of intoxicants or with a per-se 0.08 BAC anywhere — including on private property in many fact patterns. Implied-consent applies via §1202. Charging discretion favours §3207a for game-warden citations and §1201 for highway-crossing fact patterns.	DNR / DMV
Virginia(VA)	Vehicle-code DUI	VA Code §18.2-266 DUI; ATV statute (§46.2-915.1) silent on impaired operation Virginia has no OHV-specific DUI section. VA Code §18.2-266 (DUI under Title 18.2 criminal code) reaches operation of any 'motor vehicle, engine or train' broadly and applies to ATVs operated on public-property OHV areas, designated commercial trail systems (Spearhead Trails), and any place open to the public. Per-se 0.08 BAC; implied-consent under VA Code §18.2-268.2. With ATVs barred from public highways, the public-place element is the operative reach.	DNR / DMV
Washington(WA)	Both apply	RCW 46.61.502 vehicle-code DUI; RCW 46.09.470 ORV intoxicated-operation prohibition Washington reaches ORV impaired-operation through two RCW sections. RCW 46.61.502 (the standard vehicle-code DUI) applies broadly to 'motor vehicle' operation; courts have applied it to ORVs on public lands. RCW 46.09.470 (the nonhighway-road operating rules) prohibits operating an ORV under the influence and cross-references the chemical-testing chapter for implied-consent. Per-se 0.08 BAC applies under both sections; charging agency typically determines which section is filed.	DNR / DMV
West Virginia(WV)	Vehicle-code DUI	WV Code 17C-5-2 DUI; ATV chapter (17F-1) silent on impaired operation West Virginia has no OHV-specific DUI section in the ATV chapter (17F-1). WV Code 17C-5-2 (DUI under the traffic-regulation title) reaches operation of any 'motor vehicle, motor-driven cycle, or any other vehicle in this state' broadly — and applies to ATV operation on shoulder-exempt road segments, Hatfield-McCoy commercial trails, and any place open to the public. Per-se 0.08 BAC; implied-consent under WV Code 17C-5-4.	DNR / DMV
Wisconsin(WI)	Both apply	Wis. Stat. §346.63 vehicle-code OWI; Wis. Stat. §23.33(4j) ATV OWI Wisconsin prosecutes ATV impaired-operation under two parallel sections. §346.63 (the standard motor-vehicle OWI statute) reaches operation broadly. §23.33(4j) (within the ATV / UTV chapter) is the ATV-specific OWI section with a per-se 0.08 BAC and its own penalty schedule. The two statutes operate side-by-side: §23.33(4j) is the typical charging section for trail-side enforcement by DNR conservation wardens; §346.63 applies for highway-crossing fact patterns. Implied-consent applies via Ch. 343.305.	DNR / DMV
Wyoming(WY)	Both apply	WS 31-5-233 DUI; WS 31-2-707 ORV operation under influence Wyoming reaches OHV impaired-operation through two parallel statutes. WS 31-5-233 (the standard DUI statute under Title 31) applies broadly to motor-vehicle operation. WS 31-2-707 (within the ORV chapter) prohibits operating an off-road recreational vehicle while under the influence of intoxicating liquor or a controlled substance. Per-se 0.08 BAC; implied-consent applies via WS 31-6-102. Charging discretion typically follows the arresting agency.	DNR / DMV

Tier reference: Vehicle-code DUI — standard state DUI applies; no OHV-specific section. OHV-specific section — parallel statute in the OHV / fish-and-game / parks chapter is the operative charge. Both apply — prosecutor may charge under either section depending on agency and location; overlapping jurisdiction. Reckless-conduct gap — vehicle-code DUI element (highway / public way) may not reach off-trail operation; reckless-operation or endangerment fills the gap.

First-offense penalty deep-table

50 states · sortable columns · effective 2025 legislative cycle

The matrix above tells you which statute applies — the deep table below tells you what it costsat first conviction. Each row shows the published fine range, post-conviction driver-license suspension, jail-time floor and ceiling, ignition-interlock requirement, whether implied-consent reaches OHV trails, and whether there is any private-land carveout. Where the state’s DUI schedule isn’t OHV-specific, the row reflects the standard DUI statute that reaches OHV operation under the regime above. Tap a column header to sort.

50 of 50 states

							Statute
Alabama(AL)	$600–$2,100	90 days	Nonemax: 1 year	Required (24-mo IID with restricted licence option)	Vehicle-code only	Narrow (public-way element)	Ala. Code §32-5A-191 ATV chapter (§32-12A) silent — Title 32 standard DUI applies on public OHV areas / trails.
Alaska(AK)	≥ $1,500	90 days	72 hoursmax: 1 year	Required (6-mo minimum)	Both routes	Narrow (public-way element)	AS 28.35.030 OHV chapter (AS 28.39) cross-references DUI; both apply to OHV operation on public property.
Arizona(AZ)	≥ $1,250	90 days	10 days (9 suspended if classes complete)max: 6 months	Required (12-mo IID)	Both routes	No carveout	A.R.S. §28-1381 OHV §28-1101 et seq. reaches operation 'anywhere in the state' including private land.
Arkansas(AR)	$150–$1,000	6 months	24 hoursmax: 1 year	Required (≥ 6 mo)	Vehicle-code only	Narrow (public-way element)	Ark. Code §5-65-103 OHV silent on impaired operation; standard DUI reaches OHV on public property.
California(CA)	$390–$1,000	6 months	Nonemax: 6 months	Required (6 mo; pilot-program statewide as of 2019)	Both routes	Narrow (public-way element)	Cal. Veh. Code §23152 Off-highway-vehicle §38000 et seq.; DUI reaches OHV anywhere statute defines as area of operation.
Colorado(CO)	$600–$1,000	9 months	5 days (suspended if classes complete)max: 1 year	Required (8 mo; longer with refusal/high BAC)	Vehicle-code only	Narrow (public-way element)	C.R.S. §42-4-1301 OHV chapter (Title 33) silent on impaired op; standard DUI reaches OHV on public property.
Connecticut(CT)	$500–$1,000	45 days (then IID)	48 hoursmax: 6 months	Required (1 yr post-suspension)	Vehicle-code only	Narrow (public-way element)	Conn. Gen. Stat. §14-227a Snowmobile / ATV chapter §14-379 covers reckless; DUI under §14-227a reaches OHV on public lands.
Delaware(DE)	$500–$1,500	1 year (or IID program)	Nonemax: 6 months	Required (12 mo via IID program)	Vehicle-code only	Narrow (public-way element)	21 Del. C. §4177 OHV §4196 covers reckless; standard DUI reaches OHV on public property.
Florida(FL)	$500–$1,000	180 days–1 year	Nonemax: 6 months	Discretion (mandatory if BAC ≥ 0.15)	Vehicle-code only	Narrow (public-way element)	Fla. Stat. §316.193 OHV §261 silent on DUI; Title XXIII Ch. 316 DUI reaches any 'vehicle' incl. OHV on public property.
Georgia(GA)	$300–$1,000	1 year (limited permit available)	10 days (suspended if BAC < 0.15)max: 1 year	Discretion (mandatory if refusal)	Vehicle-code only	Narrow (public-way element)	O.C.G.A. §40-6-391 Off-road §40-7-1 covers operation; DUI applies broadly to 'any moving vehicle' incl. ATV on public lands.
Hawaii(HI)	$250–$1,000	1 year (IID required for full year)	48 hoursmax: 5 days	Required (1 yr)	Vehicle-code only	Narrow (public-way element)	HRS §291E-61 OHV use limited statewide; standard OUI applies on public roads / county-managed off-road areas.
Idaho(ID)	Up to $1,000	90 days–1 year	Nonemax: 6 months	Discretion (mandatory if BAC ≥ 0.20 or refusal)	Both routes	Narrow (public-way element)	Idaho Code §18-8004 OHV §67-7126 reaches operation on public lands; standard DUI applies to 'any motor vehicle'.
Illinois(IL)	Up to $2,500	1 year (statutory summary suspension separate)	Nonemax: 1 year	Required (BAIID for MDDP permit holders)	Both routes	Narrow (public-way element)	625 ILCS 5/11-501 Snowmobile / ATV §5/11-1426 covers OHV impaired operation in parallel with vehicle-code DUI.
Indiana(IN)	Up to $5,000	30 days – 2 years	Nonemax: 1 year (Class A misdemeanour)	Discretion (often mandatory on probation)	Both routes	Narrow (public-way element)	Ind. Code §9-30-5-1 Off-road §14-16-1 covers OHV operation; DUI broadly applies to 'any vehicle' incl. on public property.
Iowa(IA)	$1,250 (mandatory)	180 days	48 hoursmax: 1 year	Required (with temporary restricted licence)	Both routes	Narrow (public-way element)	Iowa Code §321J.2 ATV / snowmobile §321I.14 covers OHV-specific OUI in parallel with standard OWI.
Kansas(KS)	$750–$1,000	30 days (then IID 180 days)	48 hoursmax: 6 months	Required (180 d post-suspension)	Vehicle-code only	Narrow (public-way element)	K.S.A. §8-1567 OHV silent on DUI; standard DUI reaches operation 'within Kansas' incl. public OHV areas.
Kentucky(KY)	$200–$500	30–120 days	Nonemax: 30 days	Discretion (option in lieu of suspension)	Vehicle-code only	Narrow (public-way element)	KRS §189A.010 ATV §189.515 covers operation; standard DUI reaches OHV on public property.
Louisiana(LA)	$300–$1,000	90 days	None (10 d susp. if BAC ≥ 0.15)max: 6 months	Required if hardship licence sought	Vehicle-code only	Narrow (public-way element)	La. R.S. §14:98 Off-road vehicle §32:299 covers OHV registration; DWI under Title 14 reaches OHV on public property.
Maine(ME)	≥ $500	150 days	None (48 h if BAC ≥ 0.15)max: 6 months	Discretion	OHV chapter extends	Narrow (public-way element)	29-A M.R.S. §2411; 12 M.R.S. §13157-A Title 12 ATV chapter has its own OUI section parallel to standard OUI under Title 29-A.
Maryland(MD)	Up to $1,000	6 months (MVA admin sanction)	Nonemax: 1 year	Required (6 mo) for BAC ≥ 0.15 or refusal	Vehicle-code only	Narrow (public-way element)	Md. Transp. §21-902 Off-highway vehicle §27-101.1 limits operation areas; DUI reaches operation on highway / public use property.
Massachusetts(MA)	$500–$5,000	1 year (24D disposition possible)	Nonemax: 2.5 years	Discretion (mandatory on 2nd offense)	OHV chapter extends	Narrow (public-way element)	M.G.L. c.90 §24; c.90B §26 Recreation-vehicle chapter (c.90B) has its own OUI section covering ATV / snowmobile operation.
Michigan(MI)	$100–$500	30 days (then 150 d restricted)	Nonemax: 93 days	Discretion (mandatory on 'super-drunk' ≥ 0.17)	OHV chapter extends	Narrow (public-way element)	MCL §257.625; §324.81134 ORV §324.81134 expressly covers OHV impaired operation in parallel with vehicle-code OWI.
Minnesota(MN)	Up to $1,000	90 days	Nonemax: 90 days	Required (program available; mandatory for some classes)	OHV chapter extends	Narrow (public-way element)	Minn. Stat. §169A.20; §84.91 Recreational-vehicle §84.91 OUI section covers ATV / snowmobile separately from vehicle-code DWI.
Mississippi(MS)	$250–$1,000	90 days	48 hours (alt: community service)max: 48 hours	Required (≥ 90 d for hardship licence)	Vehicle-code only	Narrow (public-way element)	Miss. Code §63-11-30 Off-road §63-32 covers operation; standard DUI reaches OHV on public property / OHV areas.
Missouri(MO)	Up to $500	30 days (then 60 d restricted)	Nonemax: 6 months	Required (6 mo after suspension)	Vehicle-code only	Narrow (public-way element)	RSMo §577.010 Off-road vehicle §304.013 covers operation; standard DWI reaches OHV on public property.
Montana(MT)	$600–$1,000	6 months	24 hoursmax: 6 months	Discretion (mandatory if BAC ≥ 0.16 or refusal)	Both routes	Narrow (public-way element)	Mont. Code §61-8-1002 OHV chapter §23-2-801 cross-references DUI; both apply to OHV operation on public property.
Nebraska(NE)	$500	60 days–1 year	7 days (suspended if probation)max: 60 days	Required (with restricted licence)	Vehicle-code only	Narrow (public-way element)	Neb. Rev. Stat. §60-6,196 Off-road §60-6,355 covers OHV use; standard DUI reaches OHV operation on public property.
Nevada(NV)	$400–$1,000	185 days	2 days (or 96 h community service)max: 6 months	Required (3–6 mo) – statewide IID 2018+	Vehicle-code only	Narrow (public-way element)	NRS §484C.400 OHV §490 silent on DUI; standard DUI reaches OHV operation on public property.
New Hampshire(NH)	$500–$1,200	9 months–2 years	Nonemax: 1 year	Required (1–2 yr) post-suspension	OHV chapter extends	Narrow (public-way element)	RSA §265-A:2; §215-A:11-b OHRV chapter §215-A has parallel OUI section covering ATV / snowmobile operation.
New Jersey(NJ)	$250–$400	3 months (with IID)	Nonemax: 30 days	Required (3 mo – 1 yr post-licence)	OHV chapter extends	Narrow (public-way element)	N.J.S.A. §39:4-50; §39:3C-20 Snowmobile / ATV §39:3C covers OHV impaired operation in parallel with vehicle-code DWI.
New Mexico(NM)	Up to $500	1 year	Nonemax: 90 days	Required (1 yr) statewide 1st offense	Vehicle-code only	Narrow (public-way element)	NMSA §66-8-102 OHV §66-3-1001 covers operation; standard DWI reaches OHV on public property.
New York(NY)	$500–$1,000	6 months	Nonemax: 1 year	Required (12 mo)	OHV chapter extends	Narrow (public-way element)	VTL §1192; Parks & Rec. §25.24 Parks-and-rec OHV chapter has parallel impaired-operation section.
North Carolina(NC)	Up to $200	1 year	24 hours (lvl 5) – varies by levelmax: 60 days (lvl 5)	Required for high-BAC (≥ 0.15)	Vehicle-code only	Narrow (public-way element)	N.C.G.S. §20-138.1 ATV §20-171.15 covers operation; DWI reaches OHV on public vehicular area / public lands.
North Dakota(ND)	≥ $500	91 days	Nonemax: 30 days	24/7 sobriety program – discretionary	OHV chapter extends	Narrow (public-way element)	N.D.C.C. §39-08-01; §39-29-01.2 OHV chapter §39-29 has parallel OUI section for snowmobile / ATV operation.
Ohio(OH)	$375–$1,075	1 year (limited driving privileges possible)	3 days (or DIP)max: 6 months	Discretion (mandatory for high-BAC)	Vehicle-code only	Narrow (public-way element)	ORC §4511.19 ATV §4519 covers operation; standard OVI reaches OHV on public property / private property open to public.
Oklahoma(OK)	Up to $1,000	180 days	10 daysmax: 1 year	Discretion (mandatory on high-BAC / refusal)	Vehicle-code only	Narrow (public-way element)	47 O.S. §11-902 OHV §47-1132 covers operation; standard DUI reaches OHV on public property.
Oregon(OR)	$1,000–$6,250	1 year	48 hours (or 80 h community service)max: 1 year	Required (1 yr)	Both routes	Narrow (public-way element)	ORS §813.010; §821.140 ATV §821 chapter has own OUI section parallel to vehicle-code DUII.
Pennsylvania(PA)	$300–$5,000 (varies by BAC tier)	0–12 mo (no susp. at lowest tier)	None (lowest tier) – 5 d (high BAC)max: 6 months	Required (1 yr) for higher BAC tiers	OHV chapter extends	Narrow (public-way element)	75 Pa.C.S. §3802; §7727 Snowmobile / ATV §7727 covers OHV impaired operation in parallel with vehicle-code DUI.
Rhode Island(RI)	$100–$300	30–180 days	Nonemax: 1 year	Required (1–2 yr) on conviction with BAC ≥ 0.15	Vehicle-code only	Narrow (public-way element)	R.I.G.L. §31-27-2 Recreational-vehicle §31-3.2 covers registration; standard DUI reaches OHV on public property.
South Carolina(SC)	$400 + assessments	6 months	48 hours (or 48 h community service)max: 30 days	Required if BAC ≥ 0.15 or refusal	Vehicle-code only	Narrow (public-way element)	S.C. Code §56-5-2930 ATV §50-21 covers operation; standard DUI reaches OHV on public property.
South Dakota(SD)	Up to $2,000	30 days – 1 year	Nonemax: 1 year	24/7 sobriety program – mandatory for repeat	Vehicle-code only	Narrow (public-way element)	SDCL §32-23-1 OHV §32-20 covers operation; standard DUI reaches OHV on public property.
Tennessee(TN)	$350–$1,500	1 year	48 hours (7 d if BAC ≥ 0.20)max: 11 months 29 days	Required (1 yr) statewide 1st offense	Vehicle-code only	Narrow (public-way element)	T.C.A. §55-10-401 OHV §55-8-185 covers operation; standard DUI reaches OHV on public property.
Texas(TX)	Up to $2,000	90 days – 1 year	72 hoursmax: 180 days	Discretion (mandatory if BAC ≥ 0.15)	Vehicle-code only	Narrow (public-way element)	Tex. Penal §49.04 OHV §662-664 covers operation; standard DWI reaches operation in public place — incl. public OHV areas.
Utah(UT)	≥ $1,310	120 days	48 hoursmax: 6 months	Required (≥ 18 mo)	Both routes	Narrow (public-way element)	Utah Code §41-6a-502 OHV §41-22 has impaired-operation section; standard DUI also reaches OHV on public property.
Vermont(VT)	Up to $750	90 days	Nonemax: 2 years	Required (1 yr) on conviction	OHV chapter extends	Narrow (public-way element)	23 V.S.A. §1201; §3506b Snowmobile / ATV §3506b covers OHV impaired operation in parallel with vehicle-code DUI.
Virginia(VA)	$250–$2,500	1 year	None (5 d if BAC ≥ 0.15)max: 1 year	Required (6 mo) on conviction	Vehicle-code only	Narrow (public-way element)	Va. Code §18.2-266 ATV §46.2-915.1 covers operation; standard DUI reaches OHV on highway / public property.
Washington(WA)	≥ $990.50	90 days	24 hours (or 15 d EHM)max: 364 days	Required (1 yr) statewide on 1st offense	Vehicle-code only	Narrow (public-way element)	RCW §46.61.502 OHV §46.09 covers operation; standard DUI reaches OHV on public property.
West Virginia(WV)	$100–$500	6 months (IID program)	24 hoursmax: 6 months	Required (Test & Lock program)	Vehicle-code only	Narrow (public-way element)	W. Va. Code §17C-5-2 ATV §17F covers operation; standard DUI reaches OHV on public property.
Wisconsin(WI)	$150–$300 (civil — 1st offense not criminal)	6–9 months	None (1st is civil forfeiture)max: None (civil)	Required if BAC ≥ 0.15 (1 yr)	OHV chapter extends	Narrow (public-way element)	Wis. Stat. §346.63; §23.33(4c) ATV / UTV §23.33(4c) has parallel intoxicated-operation section; 1st-offense is civil in WI.
Wyoming(WY)	Up to $750	90 days	Nonemax: 6 months	Required if BAC ≥ 0.15 (6 mo)	Vehicle-code only	Narrow (public-way element)	Wyo. Stat. §31-5-233 OHV §31-2-708 covers operation; standard DWUI reaches OHV on public property.

Implied consent: Vehicle-code only — chemical-test refusal triggers admin licence suspension via the vehicle-code chapter, reaching OHV operation only where the state extends DUI to off-highway use. OHV chapter extends — the OHV / parks-and-rec statute re-enacts implied consent over OHV trails specifically. Both routes — refusal is reachable via either statute. Private-land reach: Narrowmeans the state’s DUI typically requires a public-way / public-place element — operator on own enclosed private land is usually outside reach, but a crash, an injury, or any crossing onto a state-DNR-managed trail ends the carveout. Don’t plan a multi-property ride around it. None — statute reaches operation anywhere in the state including private land.

Schedules reflect each state’s standard DUI statute as enacted through the 2025 legislative cycle. Aggravating factors (BAC ≥ 0.15, prior offense, accident, minor passenger, refusal) attract enhanced penalties that are not shown — those compound on top of the base schedule. State legislatures amend these schedules every session; confirm against the per-state code citation in the row before relying on any number.

Common questions

DUI / OUI on an ATV — frequently asked

Short answers to the questions riders ask most about how states reach intoxicated OHV operation, what happens to the driver license, and how implied consent applies off-highway. Each state’s exact regime is in the matrix above.

Is DUI on an ATV the same as DUI in a car?
Sometimes, and only in states that classify an ATV as a vehicle under the vehicle-code DUI chapter. Many states do not — they reach intoxicated OHV operation through a separate OHV-specific operating-under-the-influence (OUI) statute, a reckless-operation statute, or a fish-and-game OHV chapter. The penalty profile, the BAC threshold, the implied-consent reach, and the driver-license consequences all turn on which statutory route the state uses. The verified state matrix above shows each state's regime alongside the operative code section.
Does state DUI law apply on private land?
Often, no — but the answer depends on the statute's scope. Vehicle-code DUI typically requires operation on a highway or public way, which excludes private land. OHV-specific impaired-operation statutes are usually drafted to reach operation anywhere in the state regardless of land status. A reckless-conduct or endangerment statute can also reach private-land operation when someone is injured. Private-land carveouts are common at the lower bar (registration, helmet) but rare at the impairment bar — assume the state can prosecute intoxicated operation almost anywhere.
What's the BAC limit on an ATV?
Where the vehicle-code DUI law reaches OHV operation, the limit is the same as for a car (0.08% in every state). Where the state uses an OHV-specific OUI statute instead, the limit may be set at 0.08% by reference or written separately. A handful of states adopt a lower per se OUI threshold for boats and OHVs (0.05%–0.06%); confirm against the per-state citation in the matrix because state legislatures have been amending these thresholds frequently.
Can a DUI on an ATV cost me my driver's license?
Yes in most vehicle-code-route states — a DUI conviction on an OHV pulls the standard driver-license suspension because the conviction lives on the driver's record under the vehicle code. In OHV-specific-OUI-route states, the answer depends on whether the OHV statute attaches the same driver-license penalty (many do; some only revoke OHV operating privileges). Whether the state can suspend a license earned in another state is governed by the Driver License Compact and the Non-Resident Violator Compact.
Does implied consent / refusing a breathalyzer apply off-highway?
Implied-consent statutes typically attach to the act of operating a motor vehicle on a public way under the vehicle code. Where the state extends DUI law to OHV operation via the vehicle code, implied consent rides along — refusing a breath or blood test triggers an administrative license suspension separate from any criminal DUI charge. Where the state uses an OHV-specific OUI statute, the OHV chapter usually re-enacts implied consent, sometimes with a narrower scope. Refusal is rarely cost-free regardless of route.
Are passengers exposed to OUI / DUI rules?
Not directly — DUI / OUI charges attach to the operator, not a passenger. But many states impose passenger-specific OHV restrictions (age, position, single-rider machine) that an intoxicated operator can compound. A passenger who switches seat with an obviously impaired operator on a checkpoint stop can also catch an aiding-and-abetting or contributing-to-the-delinquency charge in some states. The legal exposure for passengers is mostly indirect — but it exists.

Per-state lookup — find your state’s code section

Each per-state page on this site links to the canonical DNR / DMV portal and the relevant state code sections. Open your destination state to find the operative DUI / OHV-DUI statute and the implied-consent reference. We do not list per-state BAC thresholds or penalty schedules here — those need a current legal-reference source, and our cite-or-omit policy keeps them on the state code page rather than mirrored on this site.

Topic guides

Reference explainers and typologies that sit alongside the per-axis state atlases — vehicle category, where you can ride, by rider, and what to check before a trip.

Vehicle category & paperwork

Where you can ride

By rider

Trip planning

DUI on an ATV — explainer — the legal background behind the matrix: why each regime exists, who enforces it by setting, and the six-step appeal track.
Registration & Title atlas — the operative state code title is usually the same chapter as the DUI section.
Helmet & safety-gear atlas — companion safety-rule atlas; some states bundle helmet and impaired-operation rules into the same OHV chapter.
Federal & tribal lands — federal-land impaired-operation citations (36 CFR § 4.23 / § 261.54) run through the federal magistrate court.
Street-legal conversion — a road-converted OHV operating on the highway is always under the standard vehicle-code DUI, regardless of approach above.
Cross-state trailering checklist — destination-state DUI rule applies the moment you cross the line.
Insurance requirements by state — intoxicated operation voids most ATV policies, so the DUI consequence reaches insurance coverage as well.