LET IT SNOW, LET IT SNOW BUT DON’T DRIVE A SNOWMOBILE WHILE INTOXICATED

The Wisconsin winter season is coming fast.  There are all types of fun things to do in the Wisconsin snow.  But know, similar to driving a car, if you operate a snowmobile while intoxicated, you can be arrested for drunk driving.

Wis. Stat. § 350.101 (1) (a) reads “No person may engage in the operation of a snowmobile while under the influence of an intoxicant to a degree which renders him or her incapable of safe snowmobile operation.”  However, the big difference is drunk driving on a snowmobile is it is never a felony.  Even if you’re convicted of your tenth offense, it’s not a felony.  Therefore, prison is never the result of drunk driving on a snowmobile.

There is a difference if you are driving on a public snowmobile trial versus private property.  Wis. Stat. § 350.1025 states that “[e]xcept as provided in this section, the intoxicated snowmobiling law is applicable to all property, whether the property is publicly or privately owned and whether or not a fee is charged for the use of that property.

The intoxicated snowmobiling law does not apply to the operation of a snowmobile on private land not designated as a snowmobile trail unless an accident involving personal injury occurs as the result of the operation of a snowmobile and the snowmobile was operated on the private land without the consent of the owner of that land.”  This means that you cannot operate a snowmobile while intoxicated on all public and private land in Wisconsin.  BUT there is a narrow exception:

In other words, it’s illegal to operate a snowmobile while intoxicated on all public and private land in Wisconsin.  The only exception is if all the following apply:

• The drunk snowmobiling occurred on private land, and

• The private land was not a designated snowmobile trail, and

• No injury occurred while the intoxicated snowmobiling occurred, and

• The owner of the land consented to the operation of the snowmobile.

  
  

Much like operating motor vehicles, it is illegal to:

1. Operate a snowmobile under the influence of an intoxicant “to a degree which renders the person incapable of safe snowmobile operation.”

2. Have an alcohol concentration of .08 or more when operating a snowmobile.

3. If the person is not 19, they may not operate the snowmobile with an alcohol concentration of more than 0.0 but not more than 0.08.

4. Have a detectable amount of a restricted controlled substance in their blood

   
   

Drivers found to be operating under the influence of alcohol may also have their privilege to operate a snowmobile revoked by a court if the infraction demonstrates exceptional negligence and reckless behavior on the part of the driver

According to Wis. Stat. §350.103, any person who operates a snowmobile on the public land highways of Wisconsin has already given (implied) consent to provide a sample of their breath, blood or urine.  That means that when operating a snowmobile on private land, you are not required to submit to any chemical testing unless another criminal offense has been seen to occur during your ride. As with drivers on public land, infractions on private land have no effect on your driver’s license. 

The penalties for drunk snowmobiling are as follows:

• First offense, or no prior snowmobile OWI convictions in the last 5 years: $400.00 – $550.00 fine.

• One prior conviction within the last 5 years: 5 days – 6 months county jail, $300.00 – $1,100.00 fines, or both.  The mandatory minimum jail penalty is 5 days.

• Two or more prior convictions within the last 5 years: 30 days – 1 year county jail, $600.00 – $2,000.00 fines, or both.  The mandatory minimum jail penalty is 30 days.