Open intoxicants loophole in state law to be examined

By Rachel Mergen

With utility task vehicles (UTVs) and all-terrain vehicles (ATVs) being a focus of discussion within the Grant County Board, it is important to keep in mind the ordinances of Crawford County and the laws of Wisconsin. 

According to the Department of Natural Resources' pamphlet on Wisconsin’s all-terrain and utility-terrain vehicle laws, “It is illegal to operate an ATV/UTV under the influence of alcohol or other drugs while on any property that is open to the public (generally this means trails, routes, lakes/rivers or corridors). Being under the influence is a condition in which a person’s ability to operate an ATV/UTV is impaired due to the consumption of drugs and/or alcoholic beverages to the extent that the person’s decision making ability is negatively affected as well as their balance and reaction time.” 

With such a state law in place though, a loophole is left open. Nowhere in the laws that are currently set does it state that an open intoxicant cannot be in one of these vehicles, even though there are laws in place limiting open intoxicants  being in other types of vehicles on public roads. This loophole may be shut down by a county with the use of an ordinance, if they choose to do so, which is similar to what Grant County is choosing to do at this time. 

According to Crawford County Sheriff Dale McCullick, the county has no intention of simply letting this loophole rest. He stated, “The county is going to amend their ordinance for the ATV/UTV routes to include that there be no alcohol being consumed while the vehicles are being operated on the routes.  The ordinance will be coming up for a vote at the next county board meeting in June, I believe.” 

By making this action, the county will limit the possibility of open intoxicants being allowed on these recreational vehicles to only private property.