A lot of people assume that California DUI laws only apply on public roads. That is not always true. A person can face DUI charges after operating an off-highway vehicle (OHV) under the influence of alcohol or drugs. This can include riding in off-highway vehicle areas, trails and other public recreation areas, including those found throughout San Bernardino County. An arrest can lead to criminal charges even if the rider never entered a city street or highway. Where the vehicle is operated is an important part of the legal process.
Where California DUI laws might apply
California has many places for off-road recreation, including public trails, off-highway vehicle parks and Bureau of Land Management land. Depending on the applicable law and the facts of the case, DUI laws may also apply on certain private property. The location of the stop can also affect how the case moves forward. The type of vehicle that a person was operating is also an important factor.
Which vehicles can lead to a DUI?
California recognizes many OHVs, including:
- All-terrain vehicles (ATVs)
- Utility task vehicles (UTVs)
- Side-by-side vehicles
- Dirt bikes
Operating any of these vehicles while impaired can result in a DUI investigation. Sheriff’s deputies, California State Parks rangers and other law enforcement officers patrol many off-road areas and investigate suspected impaired driving.
An arrest is only the beginning of the legal process.
What happens after an off-road DUI arrest?
After an arrest, prosecutors review the evidence before deciding whether to file formal charges. The case could include chemical test results and the officer’s observations during the stop. Under California’s implied consent law, a person lawfully arrested for DUI is generally required to submit to a chemical test. Knowing that DUI laws can apply on trails and other off-road areas can help riders make informed decisions before heading out.