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Current Law

Under the current state law, all-terrain and utility vehicle drivers are prohibited from driving if they have a blood-alcohol concentration of 0.08% or greater. However, there is no prohibition on open drinking on or in an ATV or UTV.

Lt. Jake Holsclaw, of the Wisconsin Department of Natural Resources, said the agency issues citations for operating an ATV/UTV while intoxicated. Holsclaw said a fine of $450 is issued for a first offense and if a person refuses to take the breath test. After two or more citations, such incidents become a criminal offense.

However, Holsclaw said, DNR OWI tickets do not appear as points on a driver’s license. They do appear in online court records and on the GO WILD DNR account.

Holsclaw said some municipalities, towns and counties have introduced local ordinances banning open intoxicants, with fines possible for a violation.

He said the DNR supports the bill.

“I can tell you, just from personal experience working out in patrol, on trails or routes, it’s not uncommon at all to see an open beer or some kind of other open alcohol container, in the vehicle or being consumed inside the ATV/UTV.”

Statistics

According to the DNR, 190 citations were issued statewide last year for people operating an ATV or UTV under the influence of an intoxicant. In 2022 there were a total of 129 ATV crashes, 123 with injuries and 13 that resulted in death. In that same year there were 103 UTV crashes resulting in 131 injuries and eight deaths. Alcohol was cited as a factor in five of the eight UTV crash deaths and at least four of the ATV deaths.

Holsclaw said intoxicants like alcohol and drugs are a factor in a lot of the crashes.

“We always encourage zero alcohol, whether you’re on ATV or UTV just because yes, these are recreational vehicles; but there is an incredible amount of responsibility surrounding them just like operating a car or a truck on the highway,” he said. “That’s why we’re in support of this bill, because it would just kind of provide some consistency with the other motor vehicles that are sharing the roads.”

Milton and Harmony

Milton City Council member Bill Wilson said that at this point they city is just researching what other nearby cities have been doing. He characterized the bill being considered in the state Senate as common sense, and in line with some of the other restrictions the DNR has regarding ATV and UTV usage.

He said at the last council meeting the Rock County Crawlers came forward to propose the city allow ATVs and UTVs on city streets, with the main purpose shopping and running errands.

Wilson said alcohol usage restriction would be something that should be written into any local ordinance regulating ATV and UTV usage. He said he feels people would be “self-policing” and sensible when it comes to alcohol.

“I think there will be some kind of pressure to not mess this up and wouldn’t want this taken away from them,” he said.

Jimmy Bryk, president of the Rock County Crawlers said that when they were collecting signatures and research to present to the city of Milton they did not address open intoxicants being allowed on ATVs and UTVs. He said the figured that any alcohol consumption before and while riding these types of vehicle was already not allowed.

The town of Harmony, near Milton, recently adopted an ordinance allowing ATV/UTV routes within the town, with signs to be posted soon.

Harmony Town Chair Jeff Klenz said he also thought that alcohol was not allowed on UTVs and ATVs.

He said the conversation about approving routes in the town of Harmony took two years with an agreement reached in July.

He said safety is important. The town’s ordinance includes a speed limit of 45 mph, requires insurance and a valid ATV safety certificate for those younger than age 35 and prohibits operation of ATVs and UTVs between 10 p.m. to 5 a.m. unless connected to a snow plow.