Can You Get a DUI on an ATV in Canada?
When a client recently asked TorontoDUI co-founding partner Jeff Mass whether police can charge an ATV driver with DUI in Canada, he replied, “Have you heard about the British Columbia man arrested for DUI after being pulled over while driving a child's battery-powered, pink, Barbie Jeep?"
The man in question, Kasper Lincoln, generated worldwide headlines in 2025 after Prince George Police pulled him over on a busy public street while driving a vehicle he could barely fit into. Kasper — “I was using hand signals and everything," — claimed he didn't realize he was breaking any laws during his 9 a.m. excursion to purchase a Slurpee from 7-Eleven. However, the police charged him with prohibited driving and DUI.
“The point is," says Jeff's co-founding TorontoDUI partner, Robbie Tsang , “ If you can get a DUI while driving a child's battery-powered riding toy, you can certainly get one for driving an ATV. In fact, any motorized vehicle, be it ATV, snowmobile, tractor, riding mower, golf cart, boat, etc., can subject its driver to DUI charges if they drive it while impaired."
Let's review what the law says about getting a DUI on an ATV in Canada and address the most frequently asked questions Robbie and Jeff hear from clients about the issue.
What the Criminal Code Says About Getting a DUI on an ATV
Section 320.14 and subsequent sections of the Criminal Code that address impaired driving as a criminal offence make no mention of ATVs, all-terrain vehicles, or any other “motor" vehicle subject to DUI laws. Instead, the Code's language uses the near-universal term “conveyance," which it defines as “a motor vehicle, a vessel, an aircraft or railway equipment." Thus, ATVs, not to mention children's motorized riding toys, are subject to DUI law.
The law itself defines impaired driving as:
- “Operat[ing] a conveyance while the person's ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug."
- Having a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood within two hours after ceasing to operate a conveyance.
- Having a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation within two hours after ceasing to operate a conveyance.
- Having a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation within two hours after ceasing to operate a conveyance, for instances where alcohol and that drug are combined.
And the penalties for getting a first-time DUI should you decide to go careening around in your ATV — or kid's battery-powered Barbie jeep — include:
- A $1,000 fine.
- A one-year driver's license suspension.
- Mandatory enrollment in an alcohol and drug education/treatment program.
- Likely enrollment in an Ignition Interlock program upon license reinstatement.
- Close to $2,000 worth of related fees.
DUI Penalties for ATV Drivers in Ontario
| Penalty | Consequence |
|---|---|
| Fine | Minimum $1,000 |
| Licence suspension | 1 year |
| Criminal record | Yes |
| Education/treatment program | Mandatory |
| Ignition interlock | Likely required |
| Additional fees | Approx. $2,000+ |
Explore further
Do DUI Laws for ATVs Only Apply to Public Roads, or Can Police Conduct DUI Stops on Trails and Private Property?
DUI laws apply anywhere in Canada, including:
- Public roads and highways.
- Designated off-road trails.
- Your own private land (though with limitations on their ability to investigate).
- Fields, yards, parking lots, waterways, etc.
| Location | Can Police Investigate DUI? |
|---|---|
| Public roads | Yes |
| Off-road trails | Yes |
| Parking lots | Yes |
| Fields and open land | Yes |
| Private property | Yes, but with legal limitations |
| Your own land | Yes, if reasonable grounds exist |
However, the police have legal limitations on their right to conduct DUI stops on private property, primarily requiring reasonable suspicion and/or a lawful reason for being on the property.
Can the Police Stop and Test Me for Impairment on My Own Land While Driving an ATV?
The Supreme Court of Canada recently ruled in R. v. McColman SCC8 [2023] 1 SCR 309 that police cannot conduct random sobriety checks on private property. However, they can make a DUI stop, conduct alcohol and drug screening, and lay charges for DUI on private property if they have reasonable grounds or suspicion to believe that the driver of a conveyance is impaired. Such grounds can emerge from:
- Observing erratic driving on private land from a public road.
- Investigating reports of noises, disturbances, or an accident.
- Being lawfully on the private property for another reason.
Can I be Charged with DUI if the Police Find Me Sitting on My ATV After Having Too Much to Drink?
Just like the Police can charge a driver with “care and control" DUI if they are in a parked car while impaired, they can do the same with someone on a parked ATV. In the context of impaired driving, the Criminal Code includes “care and control" of a motor vehicle in its definition of “operate." Higher courts have determined that any impaired person in a position to easily set a conveyance in motion has care and control subject to the Code's definition of “operate."
If My Driver's License is Suspended Due to DUI, Can I Still Operate an ATV on My Own Land?
A Criminal Code driving prohibition or provincial suspension typically bars you from operating any “conveyance," including ATVs, even on private property during its term.
What Are Some Common Defence Strategies Applicable to ATV Impaired Driving Cases?
Every DUI case differs, and the specific facts of each case generally dictate defence strategies. One strategy that sees a lot of play in ATV impaired driving cases is challenging whether the police had lawful authority to conduct a DUI stop or investigate impaired driving. This tends to arise because ATVs usually operate off-road and on private property, where police authority is limited. Other defence strategies used for ATV impaired driving cases are the same as those used for standard DUI defences, including:
- Challenging the reliability of breath and/or drug screening tests.
- In care and control cases challenging whether the accused truly presented a realistic risk of setting the conveyance in motion.
- Exposing potential Charter Rights violations.
- Challenging the police officer's assessment of the accused's alleged impairment.
- Raising timing issues in relation to the conducting of breathalyzer testing.
- Raising “reasonable doubt" about the Crown's evidence.
- The (rarely used) necessity defence, in which impaired driving was necessary to avoid a greater imminent harm (Timmy fell down an abandoned well, so the ATV driver needed to get help).
Charged with Impaired Driving on an ATV — Consult with TorontoDUI
Jeff and Robbie have yet to strategize a DUI defence for a Greater Toronto Area driver charged with impaired driving on a child's motorized driving toy. However, they have worked on a couple of ATV cases and quite a few other interesting DUI cases that may warrant headlines. No matter what conveyance you were operating, if charged with DUI in the GTA, learn how TorontoDUI can help you successfully resolve your charges by contacting us today for a free consultation.
