Friday, June 30, 2006
DRIVING UNDER THE INFLUENCE CHARGES FOR ATV DRIVERS
WOODLAND HILLS, Calif. — Fans of sun and sand are gearing up for fun summer weekends full of riding ATVs and drinking with friends. However, those who enjoy a few beers before driving an all-terrain vehicle may be in for an unfortunate surprise: DUI charges can be brought against them, and those charges can be devastating.
In recent years the dangers and illegality of boating under the influence have been emphasized, and many people now know that they can be arrested for drinking and boating. However, many people do not realize that driving an all-terrain vehicle while impaired is just as dangerous and just as illegal.
“The punishments for driving an ATV while intoxicated are identical to those for driving a car under the influence of alcohol,” said California criminal defense attorney Wendy Wittenberg. “I’ve dealt with many defendants who were arrested and charged with DUI while driving ATVs. They were all shocked. They had no idea that it was illegal, or that they could lose their driving privileges and serve jail time.”
According to California law, a person driving any vehicle on a public highway can be arrested for driving under the influence if his or her blood alcohol content measures .08 percent or more. If convicted, this person may have to serve jail time, participate in a DUI school and pay fines. The Department of Motor Vehicles can suspend the defendant’s Class C driver license even without a conviction.
“Of course, when people are arrested for DUI while driving an ATV, many times they argue that they weren’t on a public roadway. Unfortunately for these defendants, sand dunes are considered public roadways for the purpose of California driving under the influence laws,” said Wittenberg. “This means that anyone driving in a sand dune while intoxicated can be arrested for DUI.”
Wittenberg has handled many ATV DUI arrests, and she is beginning to see a trend. “More and more clients are calling me to help defend DUI charges while driving ATVs. It probably is not due to more people drinking and driving, but more intense surveillance.”
These arrests can happen in a number of ways. Many times, ATV drivers are turned in by rangers at the dunes. These rangers will investigate the situation, and then contact the California Highway Patrol or local police department to report a suspicious driver. In other instances, citizens can call the arresting officers with information about a suspected drunken driver. The officers will then drive to the scene to investigate the situation and to possibly arrest the offender.
In addition to being illegal, driving an ATV while intoxicated is dangerous. In the last 20 years, there have been more than 300 ATV-related deaths in California. It is assumed that at least some of these accidents were due to intoxication of the driver.
“It’s important to use common sense about safety while driving in the dunes,” said Wittenberg. “Drinking and driving is never a good idea, no matter what vehicle is driven.”
Wendy Wittenberg is an attorney at California-based criminal defense firm The Kavinoky Law Firm. The attorneys of The Kavinoky Law Firm focus on customer service, and they take pride in their one-on-one approach with clients. They work tirelessly to have the best reputation of all criminal defense firms in the state. www.NoCuffs.com
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For more information, contact Angie Rupert at (818) 346-4646 or [email protected].
Prepared by Angie Rupert.
