BMX XXX was originally to be the third title in the Dave Mirra series, however when Acclaim started to make the game more adult-oriented, Mirra filed a lawsuit against the publisher claiming the title damaged his image and that his likeness and name were still being used with the game promoted as "Dave Mirra BMX XXX" even after he had separated from the project. According to Mirra, the game was supposed to be a mature, tongue-in-cheek game similar to the film "Airplane!".

The project was instead split into two with the second game "Dave Mirra Freestyle BMX 3" being released for the Game Boy Advance.