Wisconsin’s Drunk Driving Laws for ATVs and UTVs (2025)

In Wisconsin, you can be charged with drunk driving on a UTV (utility terrain vehicle) even though it’s not the same as a car or truck. The law for UTVs is in a different section of Wisconsin law—Wis. Stat. § 23.33—and it has its own rules and penalties.

Below, I break down exactly what the law says, what the penalties are, and what to do if you’ve been charged.

When it’s Illegal to Drive a UTV in Wisconsin

It’s against the law to drive a UTV if:

• Your blood alcohol concentration (BAC) is 0.08 or higher

• You are under the influence of alcohol or drugs and can’t drive safely

• You have any amount of certain illegal drugs in your system

• You are under 21 and have more than 0.00 BAC

These rules apply on:

• Public roads where UTVs are allowed

• Public trails and routes

• Frozen lakes and rivers

• Any area open to the public for UTV use

If you’re driving on private property that’s not open to the public, this law doesn’t apply—but other laws could still apply depending on the situation.

Breath and Blood Tests (Implied Consent)

If you’re driving a UTV in a public place, Wisconsin’s “implied consent” law says you’ve already agreed to take a breath, blood, or urine test if an officer asks. If you refuse, that’s a separate violation with its own penalties.

Penalties for Drunk Driving a UTV in Wisconsin

UTV drunk driving penalties are different from car/truck OWI penalties. They don’t affect your driver’s license, and they don’t count toward your total OWI offenses for cars or trucks.

Here’s what you could face:

• First offense (no prior UTV offenses in 5 years): Fine of $150–$300

• One prior in 5 years: Fine of $300–$1,100 and 5–180 days in jail

• Two or more priors in 5 years: Fine of $600–$2,000 and 30 days–1 year in jail

• Under-21 “more than 0.00”: Fine up to $50

• Causing injury while impaired or 0.08+: Fine of $300–$2,000 and 30 days–1 year in jail

• High BAC (0.17 and up): Bigger fines

• Passenger under 16: Penalties are doubled

Key Differences From Car OWI Laws:

• Separate law: UTV drunk driving is in Wis. Stat. § 23.33, not the regular OWI law for cars and trucks (Wis. Stat. § 346.63).

• No driver’s license loss: The penalties are fines and jail time, not license revocation.

• No “cross-counting”: UTV offenses don’t count toward your OWI record for cars and trucks, and vice versa.

What Counts as a UTV?

Wisconsin law says a UTV is a small off-road vehicle with:

• Four or more tires

• A steering wheel

• Seat belts and roll bars

• Width of 65 inches or less

• Weight of 3,000 pounds or less

FAQs: Wisconsin UTV Drunk Driving Laws

What’s the legal BAC for UTVs in Wisconsin?
0.08 for adults; more than 0.00 is illegal for drivers under 21.

Does the UTV law apply on my own property?
No, unless the property is open to the public. Truly private property is not covered.

Will a UTV drunk driving conviction affect my driver’s license?
No, this law does not include driver’s license revocation like car OWI laws do.

Do UTV OWIs count toward my regular OWI record?
No. They are separate offenses under a different statute.

Can I be charged if I wasn’t over 0.08 BAC?
Yes. If alcohol or drugs make you unable to operate the UTV safely, you can still be charged.

Why You Should Contact a Lawyer Immediately

A UTV drunk driving charge in Wisconsin can still mean serious fines, possible jail time, and a permanent record. These cases also have unique legal defenses compared to car OWIs, such as:

• Whether the location was legally covered by the statute

• Whether the vehicle meets the legal definition of a UTV

• Whether the stop, test, or arrest followed proper procedure

At Stangl Law Offices, we have successfully defended hundreds of OWI cases. We know the details of the UTV statute, how it differs from regular OWI law, and the best defense strategies for your situation.

FREE 10-Minute Legal Consultation

Madison attorney, Pat Stangl, is happy to extend to you a free, no-obligation 10-minute consultation to help you explore your options and obtain the best results.

Every OWI case turns on its own facts. If you’re facing an OWI in Wisconsin and want to explore whether a wet reckless is possible, the attorneys at Stangl Law can review your case, assess the evidence, and discuss all potential outcomes.

If you’ve been arrested or charged with OWI in Wisconsin, it’s crucial you contact an experienced Madison OWI lawyer today. Contact Attorney Patrick Stangl for a free consultation: