Drivers who operate an all terrain vehicle (ATV) in California must follow many of the same regulations as people who operate on-highway vehicles. This includes all laws related to alcohol-usage while behind the wheel.
ATV operators who consume alcohol or drugs and then cause an accident can face charges for driving under the influence (DUI). In fact, you could face DUI charges even if you do not wreck an ATV. The professionals at the Simmrin Law Group can help you consider:
- Charges for DUIs on ATVs
- The results of a conviction for wrecking an ATV
- Your legal options if you are accused of a DUI in Los Angeles
ATVs and DUI Charges in California
California’s DUI laws apply to all motor vehicles. This includes on-highway vehicles like cars, trucks, vans, and buses. These laws also cover off-highway vehicles, such as:
- Dirt bikes
- Golf carts
- Go karts
According to California’s government, you must keep your blood alcohol content (BAC) below a certain level in order to legally operate an ATV. You could face DUI charges if your BAC meets or exceeds:
- 0.08% if you are over 21
- 0.01% if you are under 21
Operating any vehicle, including an ATV, with a BAC that surpasses these legal limits can lead to a number of serious criminal charges. These charges can result in fines and jail time if you are convicted.
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Examples of Criminal Charges for DUIs
There are many different charges used to prosecute DUIs in Los Angeles and the state of California. We mentioned that you could face criminal charges for wrecking an ATV. If someone else was injured in the wreck, you could be charged under Vehicle Code Section 23153: DUI Causing Injury.
If no one else was injured, or if you were arrested without causing a wreck, you could face different charges, such as:
- Vehicle Code Section 23152(a): Driving Under the Influence of Alcohol
- Vehicle Code Section 23152(f): Driving Under the Influence of Drugs
- Vehicle Code Section 23152(g): Driving Under the Combined Influence of Alcohol and Drugs
You can get help handing any of these DUI charges by reaching out to a criminal defense lawyer in Los Angeles quickly after you are arrested.
Results of DUI Charges Involving ATVs
The penalties for DUI convictions can vary based on the specific charges you are facing. General DUI convictions can result in:
- Fines of up to $2,000
- Jail time of up to six months
However, if you are accused of causing a wreck and injuring someone else, you could end up facing harsher penalties. The results of a misdemeanor conviction for a DUI causing injury can include:
- Fines of up to $5,000
- Jail time of up to one year
You should be aware that you could even face felony charges for a DUI causing an injury. Generally, you will only be charged with a felony if you were convicted of a previous DUI within the last 10 years. Felony charges can lead to up to four years of prison time.
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Other Charges for Alcohol Usage on ATVs
The courts in California strictly regulate the usage of alcohol in associate with the operation of motor vehicles, including ATVs. As we’ve discussed, you can face criminal charges for operating an ATV while under the influence of drugs or alcohol in Los Angeles.
You may also face criminal charges just for carrying an open container of alcohol on your ATV. Per the state’s legal codes, neither the driver nor any passengers on an ATV may carry an open alcoholic beverage. This applies even if you are not drinking alcohol while operating your ATV.
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Defenses to DUI Charges Involving ATVs in Los Angeles
While you may be charged with a DUI for wrecking an ATV, you do not have to face these charges alone. A DUI lawyer in Los Angeles can help you meet these charges head-on. A legal professional could be able to block evidence against you while building your defense.
The team at the Simmrin Law Group understands what it takes to help you resolve DUI charges in Los Angeles successfully. We may be able to show that:
- The results of your BAC testing were inaccurate
- You were stopped by a police officer without due cause
Find out more about your legal options following an ATV wreck involving alcohol usage by contacting us now. Reaching us for help is easy. You can speak with us by calling (310) 997-4688 or completing our online contact form.
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