Open Container Law Could Soon Apply to ATVs
As OWI citations for ATVs/UTVs rise, vehicles could soon be under open container restrictions.
In addition to Move Over laws, administrative code makes it illegal to operate an ATV/UTV over 10 mph when traveling within 100 feet of a person not on an ATV/UTV, snowmobile or motorcycle. / Photo Credit: Wisconsin DNR
A proposed addition to state regulations would make it illegal — for the first time — to operate all-terrain and utility-terrain vehicles with an open container of alcohol.
In June, updated regulations went into effect for ATVs and UTVs that required both drivers and passengers to wear seat belts and eye protection. They also required UTVs to mirror window-tint standards for motor vehicles, among other things.
Now, the Wisconsin Department of Natural Resources is proposing a couple of additions and a revision to the new regulations that include barring the use or possession of any bottle or receptacle containing intoxicants. That includes any alcohol beverage, hazardous inhalant, controlled substance or other drug.
In a public hearing Thursday, Jake Holsclaw, the DNR’s off-highway vehicle administrator, said the agency is looking to improve safety.
“Alcohol over the last several years has been a top contributing factor in ATV and UTV fatal crashes and serious injury crashes,” Holsclaw said.
Between 2021 and 2025, the DNR found 43 percent of fatal ATV/UTV crashes involved alcohol. So far this year, the state has seen 42 fatalities among ATV/UTV drivers and passengers, which is near the record-high of 47 deaths in 2021. At least six fatal crashes involved alcohol this year, but many results are still pending.
Over the past 10 years, citations for operating while intoxicated among ATV/UTV operators have nearly quadrupled from 68 to 255 citations issued by conservation wardens and local law enforcement.
Under the change, it would be illegal to operate with an open container on roads, trails, frozen waterways and other public areas. The added regulation would not apply to use on private lands. The move would bring ATV/UTV regulations in line with motor vehicles. However, it would allow containers to be kept as garbage as long as they’re not in the driver or passenger area.
Allison Bussler, public works director for Waukesha County, said the proposal is a step in the right direction. The county started a pilot program last year to allow ATVs and UTVs on some county highways in partnership with local communities.
“Some have started it, but some municipalities are very concerned that this would allow people on our county roads in their communities that have open intoxicants,” Bussler said.
In Waukesha County, ATVs and UTVs must travel the speed limit of 55 mph on county roads, raising safety concerns for people who may be operating while intoxicated at high speeds. Bussler said that’s limiting the number of roads that may be opened to recreational vehicles.
The Wisconsin County Highway Association also supports the changes, along with the Wisconsin ATV/UTV Association. Randy Harden, president of WATVA, said the organization has lobbied for legislation to address alcohol use.
“That part we’ve tried to get through legislatively twice, and we’re unable to get it through the legislative process,” Harden said. “We are hopeful this makes it through because that is an issue that comes up all the time, and it’s concerning to our clubs and our members as well.”
A 2021 bill would have required a court to count previous convictions for intoxicated use of different recreational vehicles together rather than separately when imposing a penalty. A 2023 bill would’ve made it illegal to carry open containers of alcohol while driving ATVs and UTVs on trails and public roads.
Both bills were introduced by a bipartisan group of lawmakers, but they failed to advance in the Legislature.
Under the proposal, the DNR is also revising window-tint regulations to allow exemptions for medical reasons. Additionally, the agency is seeking to grandfather in ATVs and UTVs manufactured prior to March 1 of next year after discovering some vehicles were manufactured with window tint outside of current requirements under the law.
The agency is also proposing to require hand or turn signals in line with motor vehicle requirements.
The changes to state regulations are set to be taken up by the Natural Resources Board at its December meeting.
Proposed change would make it illegal to operate UTVs/ATVs with open alcohol containers was originally published by Wisconsin Public Radio.
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