Cooler weather and damp conditions make fall the perfect time to bring all-terrain vehicles (ATVs), dirt bikes, side-by-sides and motorcycles out of the garage to hit the trails. For many, meeting friends to throw up some dirt often includes a fun party and celebratory drinks at the end of the ride. Plan to ride responsibly in order to avoid potential ATV DUI charges in Oregon.
Oregon ATV Laws
You don’t have to be driving a car to get a DUI in Oregon and many other states. From riding lawnmowers to tricycles (yes, the latter charge happened in Oregon in 2008), driving under the influence of intoxicants while operating many different types of vehicles, both motorized and non-motorized, can result in a DUII. ATVs, quads and side-by-sides are limited to designated trails and roads. Exceptions exist for some cross-country travel in some areas, including “play areas,” dunes and high desert rangeland. ATVs must be ridden in designated route systems and are not street-legal in Oregon.
Individuals wanting to ride ATVs in Oregon must have an operating permit for the ATV and an Operator Permit. You don’t have to have a driver’s license to operate an ATV, but anyone with a suspended or revoked driver’s license may not operate an ATV in Oregon.
DUIIs and ATV Violations in Oregon
Oregon ATV drivers can receive a variety of citations for traffic violations while driving an ATV. Traffic violations range from Class A through Class D charges, including DUIIs. A few of the alcohol and intoxicant-related charges include:
Class A:
- Permitting dangerous operation of ATV
- Owner allows underage or intoxicated driver
Class D:
- Driving with an open container of alcohol
- DUII
The driver of an ATV or dirt bike can receive a DUII and be charged if driving with an open container of alcohol, just like with a car. Also, the owner of the ATV can be charged for allowing an intoxicated driver to operate their off-road vehicle.
Oregon DUII Penalties
ATVs, dirt bikes, side-by-sides, quads and similar offroad vehicles are usually gas-powered and capable of car-like speeds. Laws recognize that these vehicles have the possibility of doing damage to people and property. Courts in Oregon have recognized this and have classified ATVs as vehicles covered by DUII statutes. Penalties for ATV DUIIs in Oregon are treated the same as a standard DUII. Getting a DUII on an ATV in Oregon may result in:
- Heavy Fines
- DUII Diversion
- Loss of Your License
- Placement of an Ignition Interlock Device
Multiple convictions can even include jail time as DUII penalties in Oregon build over time. Drivers license suspension for a DUII in Oregon starts at one year for the first conviction, three years for the second conviction and indefinite license suspension for the third offense.
ATV DUII in Oregon Charges
Remember to be responsible while driving dirt bikes, side-by-sides, quads and ATVs in Oregon. If you are charged with a DUII while driving an ATV it can result in serious penalties as harsh as if you were driving a car or truck. If you have been charged with a DUII in Bend, Oregon, or the surrounding areas, a criminal defense attorney like Ricky R. Nelson can help you achieve the most favorable outcome possible. Contact Nelson Law for a free consultation with an affordable Bend DUII attorney.
