Snowmobiles, Boats and ATVs
Kelly Law Office
1013 Ford Road
Minnetonka, MN 55305
Phone:(952) 544-6356
Fax: (952) 546-3690
Mobile: (612) 735-3797
Email: dave@kelly-law.com
AT A GLANCE
Introduction
The Minnesota Statutes are tough on everyone when it comes to operating anything with a motor after consuming alcohol. If it has a motor, chances are it's considered a "motor vehicle" under our laws. Operation does not have to be on a road or highway. At one time the statute defined the offense as operating on a roadway within the State of Minnesota; but then they deleted the words about the roadway, and left only the words "within the State of Minnesota." That means anywhere - in a field, private driveway, parking lot, on a lake or even on a frozen lake.
Nevertheless, below I are some statutes that might under some circumstances give you a bit of a break. The break is that upon a first offense in a boat, snowmobile or all-terrain vehicle, it does not affect your driver's license. It is increasing difficult to find anything in Minnesota statutes which give any kind of benefit of the doubt or wiggle room when it comes to vehicles and alcohol, but here there still is some. To take full advantage of it, you should hire a lawyer who you are sure understands this material.
To my disappointment it seems that since I posted this material I have mostly been receiving calls from people who are receiving their second DWI while operating a boat or snowmobile. If it's a second offense, it's just as if it happened in a car. The only difference may be that what constitutes a valid reason for the police to stop, investigate or make an arrest might not be as clear. I've never heard of anyone running a red light with a boat or being stopped for weaving on a snowmobile.
A Break for First Time Offenders
Minnesota Statutes 169A.07 states as follows:
169A.07 FIRST-TIME DWI VIOLATOR; OFF-ROAD VEHICLE OR BOAT.
A person who violates section 169A.20 (driving while impaired) while using an off-road recreational vehicle or motorboat and who does not have a qualified prior impaired driving incident is subject only to the criminal penalty provided in section 169A.25 (second-degree driving while impaired), 169A.26 (third-degree driving while impaired), or 169A.27 (fourth-degree driving while impaired); and loss of operating privileges as provided in section84.91, subdivision 1 (operation of snowmobiles or all-terrain vehicles by persons under the influence of alcohol or controlled substances), or 86B.331, subdivision 1 (operation of motorboats while using alcohol or with a physical or mental disability), whichever is applicable. The person is not subject to the provisions of section 169A.275, subdivision 5, (submission to the level of care recommended in chemical use assessment for repeat offenders and offenders with alcohol concentration of 0.20 or more); 169A.277 (long-term monitoring); 169A.285 (penalty assessment); 169A.44 (conditional release); 169A.54 (impaired driving convictions and adjudications; administrative penalties); or 169A.54, subdivision 11 (chemical use assessment); the license revocation sanctions of sections 169A.50 to 169A.53 (implied consent law); or the plate impoundment provisions of section 169A.60 (administrative impoundment of plates).
What this means to most of us is that the first offense of snowmobiling, boating or operating an all terrain vehicle while intoxicated will not have an effect on our license to drive a car. It will however effect your right to continue to operate a boat, snowmobile or ATV.
Loss of Boating, Snowmobiling or ATV Rights
If convicted your right to operate a snowmobile or ATV will disappear for a year, as provided in the following statute section:
84.91 OPERATION OF SNOWMOBILES AND ALL-TERRAIN VEHICLES
BY PERSONS UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED
SUBSTANCES.Subdivision 1. Acts prohibited.
(a) No owner or other person having charge or control of any snowmobile or all-terrain vehicle shall authorize or permit any individual the person knows or has reason to believe is under the influence of alcohol or a controlled substance or other substance to operate the snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary water of this state.
(b) No owner or other person having charge or control of any snowmobile or all-terrain vehicle shall knowingly authorize or permit any person, who by reason of any physical or mental disability is incapable of operating the vehicle, to operate the snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary water of this state.
(c) A person who operates or is in physical control of a snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary water of this state is subject to chapter 169A. In addition to the applicable sanctions under chapter 169A, a person who is convicted of violating section 169A.20 or an ordinance in conformity with it while operating a snowmobile or all-terrain vehicle, or who refuses to comply with a lawful request to submit to testing under sections 169A.50 to 169A.53 or an ordinance in conformity with it, shall be prohibited from operating the snowmobile or all-terrain vehicle for a period of one year. The commissioner shall notify the person of the time period during which the person is prohibited from operating a snowmobile or all-terrain vehicle.
(d) Administrative and judicial review of the operating privileges prohibition is governed by section 97B.066, subdivisions 7 to 9, if the person does not have a prior impaired driving conviction or prior license revocation, as defined in section 169A.03. Otherwise, administrative and judicial review of the prohibition is governed by section 169A.53.
(e) The court shall promptly forward to the commissioner and the Department of Public Safety copies of all convictions and criminal and civil sanctions imposed under this section and chapters 169 and 169A relating to snowmobiles and all-terrain vehicles.
(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with either of them, is guilty of a misdemeanor. A person who operates a snowmobile or all-terrain vehicle during the time period the person is prohibited from operating a vehicle under paragraph (c) is guilty of a misdemeanor.
However, if the conviction involves a motorboat, the operating privileges disappear for 90 days as provided here:
86B.331 OPERATION WHILE USING ALCOHOL OR
DRUGS OR WITH A PHYSICAL
OR MENTAL DISABILITY.
Subdivision 1. Acts prohibited.
(a) An owner or other person having charge or control of a motorboat may not authorize or allow an individual the person knows or has reason to believe is under the influence of alcohol or a controlled or other substance to operate the motorboat in operation on the waters of this state.
(b) An owner or other person having charge or control of a motorboat may not knowingly
authorize or allow a person, who by reason of a physical or mental disability is incapable of
operating the motorboat, to operate the motorboat in operation on the waters of this state.
(c) A person who operates or is in physical control of a motorboat on the waters of this state is subject to chapter 169A. In addition to the applicable sanctions under chapter 169A, a person who is convicted of violating section 169A.20 or an ordinance in conformity with it while operating a motorboat, shall be prohibited from operating the motorboat on the waters of this state for a period of 90 days between May 1 and October 31, extending over two consecutive years if
necessary. If the person operating the motorboat refuses to comply with a lawful demand to submit to testing under sections 169A.50 to 169A.53 or an ordinance in conformity with it, the person shall be prohibited from operating the motorboat for a period of one year. The commissioner shall notify the person of the period during which the person is prohibited from operating a motorboat.
(d) Administrative and judicial review of the operating privileges prohibition is governed by section 97B.066, subdivisions 7 to 9, if the person does not have a prior impaired driving conviction or prior license revocation, as defined in section 169A.03. Otherwise, administrative and judicial review of the prohibition is governed by section 169A.53.
(e) The court shall promptly forward to the commissioner and the Department of Public Safety copies of all convictions and criminal and civil sanctions imposed under this section and chapters 169 and 169A relating to motorboats.
(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with either of them, is guilty of a misdemeanor.
(g) For purposes of this subdivision, a motorboat "in operation" does not include a motorboatthat is anchored, beached, or securely fastened to a dock or other permanent mooring, or a motorboat that is being rowed or propelled by other than mechanical means.
Kelly Law Office represents dwi dui oui drunk driving clients throughout the Twin Cities - Minneapolis, Minnesota area including Champlin, Crystal Bay, Dayton, Eden Prairie, Excelsior, Hamel, Hopkins, Howard Lake, Long Lake, Loretto, Maple Plain, Minneapolis, Minnetonka Beach, Minnetonka, Mound, Navarre, Osseo, Rogers, Saint Bonifacius, Saint Paul, Spring Park, Wayzata, Young America, Bloomington, Edina, St. Louis Park, Wayzata, Plymouth, Maple Grove, Brooklyn Park, Anoka, Shakopee, Hastings, Eagan, Burnsville, Buffalo, Waverly, Montrose, Hennepin County, Anoka County, Carver County, Scott County, Ramsey County, Dakota County, and Wright County.
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