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With ATV crashes up in Wisconsin, some legislators want to strengthen OWI laws. The Tavern League stands in the way.

A red utility vehicle drives through a muddy trail, splashing water, with leafless trees lining the path in the background.
Reading Time: 6 minutes

In April, a woman in Green Lake County was driving three passengers on a UTV when she took a curve too quickly. The vehicle rolled and hit a tree head-on. One passenger died at the scene and a second just days later. The 26-year-old driver’s blood alcohol concentration was three times the legal limit, according to the police report.

So far this year, 18 people have died in fatal crashes on off-road vehicles like ATVs and UTVs statewide, according to data reported by the Wisconsin Department of Natural Resources. The latest reported fatality was June 13, when a 71-year-old ATV driver collided with a UTV while both vehicles were cresting a hill. The man was pronounced dead at the scene.

Alcohol was involved in at least four of the deaths reported so far in 2026. Blood alcohol results are still pending in 11 of those fatalities.

Riding off-road vehicles is becoming an increasingly popular pastime in Wisconsin. The total number of registrations for these vehicles has increased by about 20% since 2020, according to the state DNR.

Crashes and fatalities are also on the rise. Drugs and alcohol are involved in about half of those crashes, said Jacob Holsclaw, an off-highway vehicle administrator for the DNR.

“In a lot of those cases, if the folks had not been drinking and driving, they may even still be alive today,” he said. “I think that’s an important thing to remember.”

Forty-two people died in a crash on an ATV or UTV last year, a 90% increase since 2015, according to DNR data. There were 300 total crashes reported in 2025, about a 45% increase from 10 years ago. A rise in the number of UTV crashes significantly contributed to that increase. About 30% of the fatalities in 2025 involved alcohol or THC, and toxicology results are pending for a handful of those fatalities.

In recent years, municipalities have opened more roads to ATVs and UTVs across the state. All-terrain vehicles, or ATVs, often seat just one passenger and are steered by handlebars like a motorcycle. Utility-terrain vehicles, or UTVs, allow the passenger and driver to sit side-by-side, and drivers control the vehicle with a steering wheel. UTVs are generally larger and often include a partially enclosed cabin that can seat four.

Drivers of both vehicles can now operate them across more than 65,000 miles of roadway. Unlike snowmobiles, ATVs and UTVs aren’t as weather-dependent and can be used all year, especially during mild winters. In some communities, it’s normal for people to use their recreational vehicles for everyday errands. Holsclaw said the pandemic also contributed to the upward trend in their use.

Bar chart titled "Fatal crashes on ATVs and UTVs in Wisconsin" shows annual fatalities from 2015 to 2025, split by alcohol/drug involvement. Total deaths peak at 47 in 2021, fall to 21 in 2022, then rise to 42 in 2025. Alcohol/drugs are involved in 12 of the 42 deaths in 2025.
(Data from the Wisconsin Department of Natural Resources)

With more people using off-road vehicles, more people will get hurt, he said. The tires aren’t designed for pavement, and the vehicles handle differently than cars, another reason “it’s really important that folks are driving sober,” Holsclaw said. Riders tipped or rolled their machines in more than half of the fatal crashes last year.

Driving an ATV or UTV while drunk and on property open to the public is illegal in Wisconsin. Even if drivers don’t exceed the 0.08 limit, they can be stopped, cited and arrested if law enforcement believes they are impaired, Holsclaw said. It’s about coordination and reaction time, he said. But the penalties are lighter than for cars.

Drivers convicted of a first offense for operating an off-road vehicle while intoxicated – a civil forfeiture and not a crime – would pay a $450 fine, Holsclaw said.

“It is a fair amount less than the motor vehicle world,” Holsclaw said. “It is unfortunate that the fines are lower because it almost sends the message that an OWI is not as important.”

A first offense for an OWI in a motor vehicle comes with about a $700 bill and a license revocation.

But regulating alcohol use in the recreational vehicle world is different, Holsclaw said. Some people don’t want to be told what to do. And in Wisconsin, drinking is a part of the culture. 

“That’s all well and good as long as you’re not operating a vehicle,” Holsclaw said.

The state DNR’s power to tighten gaps in law is limited.

Its most recent batch of regulations, which went into effect June 1, closed a loophole by requiring both passengers and operators in UTVs to wear seat belts. Taken literally, state law had only required passengers to wear them. Even still, the DNR can’t change the fact that an OWI from an ATV or UTV doesn’t affect your driver’s license, Holsclaw said. If it did, maybe that would keep people from driving drunk.

More substantive change “comes down to the state representatives,” Holsclaw said. “They’re the ones that have to make that decision.”

A yellow sign reads "Speed + Alcohol =" beside a cross marked "Ride Safe," standing among wildflowers and trees.
A sign warning against driving motorized vehicles like ATVs and snowmobiles while intoxicated stands at the entrance of a motorized trail in Hurley, Wis., Aug. 28, 2019. (Parker Schorr / Wisconsin Watch)

Waiting for ‘a new day in Madison’

Lawmakers in Madison have tried and failed to toughen state law that regulates the overlap between alcohol use and recreational vehicles. Both Democratic and Republican legislators say the Tavern League, the state’s influential beer lobby, has stymied serious progress.

When it comes to drinking and driving cars and ATVs, “Wisconsin has among the worst laws in the country,” said state Sen. Chris Larson, D-Milwaukee. 

Larson – who said he lost a good friend in a head-on collision with a repeat drunk driver when he was in high school – believes special interests like the Tavern League have helped keep things the way they are. 

The league did not respond to requests for comment.

At the moment, if a person gets a first OWI on an ATV and soon after gets a first OWI while driving a snowmobile, the courts treat them both as first offenses.

“They don’t talk to each other,” Holsclaw said.

OWIs for automobiles also accumulate separately.

In 2019, a bipartisan band of legislators tried to change how this works. If they had succeeded, the person in the earlier scenario would instead have a first- and second-offense OWI, the latter of which is a misdemeanor. The bill would also have restricted people from operating recreational vehicles like snowmobiles, boats or UTVs if their driver’s license was currently suspended because of a normal OWI.

But the bill failed. When lawmakers resurrected the attempt in 2021, it died again.

Roadside signs mark an "ATV Route" and read "ATV's Must Stay on Blacktop" and "10 M.P.H." beside a paved road with a pickup driving on it, bordered by trees.
An ATV route sign is shown, Aug. 3, 2017, in Langlade County, Wis. (Mary Matthias / Wisconsin Watch)

The 2021 bill passed seamlessly out of its committee in the state Senate, Larson said, but then stalled for nine months and eventually died.

“That’s unfortunately the power of some special interests who don’t want to change the law,” Larson said, “but I think that they are coming out of power.”

The senator said he believes the influence of organizations like the Tavern League will fade in parallel with the Republican majority, which must now face competitive political maps it didn’t draw for the first time in nearly two decades. 

The powerful lobbying organization that advocates for bar owners did not register in opposition to the 2021 bill, according to the Wisconsin Ethics Commission website. Instead, Larson said the organization often works through long-established expectations that lawmakers won’t advance bills related to drunk driving.

“There’s just an agreement that they know they don’t have to lift a finger or do anything, but the Republicans are beholden to that interest group,” Larson said.

But not all Republicans. State Sen. André Jacque, a Republican from the Green Bay area who is retiring at the end of the year, also worked on the 2021 bill and similarly criticizes how the Tavern League operates. He said it exercised its “silent veto” to put the 2021 bill to sleep.

“I would argue that in some cases there are groups that fail to indicate the actions that they have taken to stop legislation,” Jacque said, referencing how the state requires lobbyists to register with the Wisconsin Ethics Commission and report their activity.

The fight isn’t over, though. Under the right circumstances, Jacque said, the bill could return. He said law enforcement wants tougher laws. Other states already have them.

In Minnesota, a first offense for driving an off-road vehicle while impaired is a crime that could result in up to a $1,000 fine and 90 days in jail. In Wisconsin, the same offense results in a fine but no jail time. Unlike in Minnesota, your driver’s license won’t be affected if you get busted for driving an ATV or UTV while drunk in Wisconsin.

More recently, Wisconsin lawmakers tried to ban having open containers of alcohol in or on off-road vehicles. No groups registered in opposition to the bipartisan bill, but it failed in April 2024. 

That bill would have been relevant in the fatal crash in Green Lake County where law enforcement found empty containers of alcohol strewn about the crash site.

Larson said people want common-sense drunk driving laws in Wisconsin.

“It’s going to be a new day in Madison,” Larson said.

The Badger Project is an independent, reader-supported news nonprofit in Wisconsin.

This article first appeared on The Badger Project and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

With ATV crashes up in Wisconsin, some legislators want to strengthen OWI laws. The Tavern League stands in the way. is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Riding an ATV/UTV in Wisconsin? Buckle up, with updated laws

A seat belt is fastened across a person wearing blue jeans and seated in a vehicle, with the buckle and latch visible.
Reading Time: 3 minutes

Riders of all-terrain vehicles in Wisconsin have some new requirements after new rules took effect at the start of this month.

Changed rules include include prohibitions against towing objects with people onboard, restrictions on window tinting — and a seat belt requirement.

The Wisconsin Department of Natural Resources said under the new law “ALL occupants of a UTV including the driver and passengers have to wear a seat belt.”

These regulations were approved by a unanimous vote of the Wisconsin Natural Resources Board, which updated the administrative codes.

Wisconsin has seen a surge in ATV and UTV activity in the past few years and an accompanying increase in fatal crashes.

As of January, the DNR reported more than 528,000 registrations for the trail-ready vehicles. The Wisconsin ATV/UTV Association says it has more than 40,000 members and about 130 local chapters across the state.

Randy Harden, the group’s president, said the association was included in talks with lawmakers about the regulation updates. The old ATV/UTV regulations were inconsistent, and behavior seen on trails was also part of the reason for the updated regulations.

A previous version of the law required seat belts, and Harden says its intention was always for it to apply to everyone in a vehicle. But when a rider in southwest Wisconsin challenged a ticket in court, it revealed an inconsistency in the way the policy was worded.

“The judge looked at the wording that was drafted, and it said all passengers must wear a seat belt, (but) didn’t say the driver,” Harden said. “This (new rule) corrects that and says all passengers and the driver must wear a seat belt.”

Last year, there were at least 300 ATV or UTV crashes reported to the DNR, resulting in 277 reported injuries.

“The majority of our serious injury and fatal crashes occur because of occupants choosing to not wear a seat belt or helmet,” said Lt. Jacob Holsclaw, DNR off-highway vehicle administrator.

In 2025 alone, the DNR reported a total of 41 deaths. In 32 of those fatal crashes, the people involved were not wearing seat belts. Only four of those deaths were in vehicles other than a UTV, DNR data shows.

It was the second-deadliest year for Wisconsin UTVs and ATVs on record.

A red and black off-road utility vehicle drives through mud on a dirt trail, with mud spraying from the tires and leafless trees in the background.
With changes on June 1, 2026, UTV/ATV riders have new requirements on eye protection, towing and window tints. (Courtesy of DNR)

While the new seat belt requirement is clear, advocates are realistic about its use.

“Will everybody do it? Absolutely not,” Harden said. “Does everybody wear their seat belts in the car? No, but that doesn’t mean you stop trying, and that’s really what this effort is.”

The DNR says enforcement will be handled through normal patrols by conservation wardens, sheriff’s offices and police in some areas.

“Officers will often use education and even citations if operators are found in violation of the new laws,” the DNR said in an email with WPR.

 DNR data for 2024 shows 115 citations for operators not wearing seat belts.

Towing, tinting rules among other requirements

Under the new restrictions, it is now illegal for a UTV/ATV to tow people on a roadway or trail. The restriction has exceptions for private lands and on ice while going under 10 miles per hour, the DNR says.

“It excludes if your machine breaks down,” Harden said. “That’s a common sense exclusion,” he said.

Other changes include making it mandatory for riders younger than 18 to have a DOT-approved helmet and requiring eye protection if the machine does not have a windshield. The new law also limits window tinting.

The DNR says there are now fines for causing intentional damage to an ATV/UTV, which could be up to three times as much as the cost to repair it.

This story was originally published by WPR.

Riding an ATV/UTV in Wisconsin? Buckle up, with updated laws is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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