Can I receive an OWI while snowmobiling?

Is it possible to commit OWI while snowmobiling?

As we approach winter in Wisconsin, many snowmobile enthusiasts ask the same question: can I be arrested for OWI while snowmobiling?  The quick answer is yes.  Wisconsin drunk driving law includes operating any motor vehicle.  While many of those motor vehicles are included in the general drunk driving laws in Wisconsin, snowmobiles have their own special set of laws, found in Chapter 350 of the Wisconsin Statutes.

There are a few important differences between snowmobile drunk driving law and “normal” drunk driving law.  In both cases a first offense is a non-criminal violation.  In other words, you can’t go to jail as a penalty for a first offense.  But second offenses are treated differently.  After ten years, a second motor vehicle OWI is non-criminal and penalized the same as a first offense.  This “look back” period is entirely different with snowmobile OWIs, and a jail penalty only attaches if you’ve been convicted of snowmobiling while OWI, or a snowmobiling refusal, within the last 5 years.  If you don’t have a prior conviction for snowmobiling OWI or a refusal within the last 5 years, you’ll receive the first offense penalty.  We’ll break this down more later.

Drunk driving on a snowmobile 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.

Van Severen Law Office, S.C. is a Wisconsin drunk driving law firm focused on helping Wisconsinites in tough situations.  We recognize that mistakes happen, and we’re here to help.  Contact us at (414) 270-0202.  Let’s talk about your case over the phone or set up a time for you to come in for a free initial consultation.

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Section 350.101 of the Wisconsin Statutes – Intoxicated snowmobiling

Section 350.101 of the Wisconsin Statutes provides us with the law regarding snowmobiling while drunk:

350.101(1) Operation.

(a) Operating while under the influence of an intoxicant. 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.
(b) Operating with alcohol concentrations at or above specified levels. No person may engage in the operation of a snowmobile while the person has an alcohol concentration of 0.08 or more.
(bm) Operating with a restricted controlled substance. No person may engage in the operation of a snowmobile with a detectable amount of a restricted controlled substance in his or her blood.

Paragraph (a) prohibits normal operating while intoxicated.  Paragraph (b) prohibits operating with a prohibited alcohol concentration.  And finally, paragraph (bm) makes it a crime to operate a snowmobile while under the influence of a controlled substance.  Any detectable amount of said substance is enough to violate the law.

OWI while snowmobiling penalties:

As we mentioned earlier, the penalties for drunk snowmobiling are very different than those for motor vehicle OWI.  The penalties 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.

What happens if I cause an injury while snowmobiling and drunk?

We’ve already established that the OWI penalties associated with snowmobiling are less than that of a motor vehicle.  So what happens when you’re snowmobiling and you’re involved in an accident?  Let’s assume nobody dies and we’re talking simple injuries like a bruise, pain, or a bloody nose after a collision.

The penalty for snowmobiling while intoxicated causing bodily harm is listed in Wis. Stat. 350.11(3)(b) and is as follows:

• 30 days – 1 year incarceration in jail, $300.00 – $2,000.00 in fines.  30 days jail is the mandatory minimum.

What about a second offense?  Unlike normal OWI laws, OWIs causing injury on snowmobiles do not have escalating penalties.  While a second offense will likely result in a longer sentence than your first, the mandatory minimum and maximum penalties apply.  Under no circumstances (unless some other charge supersedes it) is OWI while snowmobiling causing injury a felony.

Motor vehicle OWI laws apply to “public highways.”  Where is it illegal to operate my snowmobile while intoxicated?

It isn’t a good idea to operate any vehicle while intoxicated, but normal OWI law includes a requirement that the motor vehicle be operated on a “public highway.”  Snowmobiles cross highways, but they’re usually operated on dedicated trails, fields, and along the sides of roads.  So, where is it illegal to snowmobile drunk?

Section 350.1025 of the Wisconsin Statutes addresses this:

Application of intoxicated snowmobiling law.  Except 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.

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.

Do I need to install an ignition interlock device in my vehicle after an OWI while snowmobiling conviction?

You do not need to install an ignition interlock device (IID) after a conviction for operating while intoxicated involving a snowmobile.  This applies to OWI and refusal charges.

Importantly, the IID order only applies to individuals who refuse to take a chemical test under section 343.305 of the Wisconsin Statutes.  That section applies to OWIs involving “motor vehicles” and not to snowmobiles.  There’s no alternate section requiring IIDs for snowmobiles, and the penalty section of the statute does not mention the term.  It’s not required.

But refusal penalties still apply.  Section 350.11(3), which provides us the snowmobiling OWI penalties also includes refusals.  While no IID will ever be ordered for a refusal while snowmobiling, jail time can.

• OWI while snowmobiling refusal penalty:  $400.00 – $550.00 fine.
• One prior refusal or snowmobiling OWI within the last 5 years:  5 days – 6 months jail, $300.00 – $1,100.00 in fines, or both.  Five days jail is the mandatory minimum penalty.
• Two prior refusals or snowmobiling while OWI within the last 5 years: 30 days – 1 year jail, $600.00 – $2,000.00 in fines, or both.  Thirty days jail is the mandatory minimum penalty.

An ignition interlock device is a pain, but a jail sentence certainly can’t be better.

Looking for the best OWI defense lawyer in Wisconsin?

Van Severen Law Office, S.C. is a criminal defense law firm with offices throughout Wisconsin.  Our drunk driving defense lawyers represent individuals facing all kinds of OWI charges.  Some of those charges are for motor vehicle OWI, others are for causing an injury while OWI, and some involve alternate vehicles like snowmobiles.

And while the penalties for snowmobile OWI are less than that of motor vehicle OWI, they’re still serious.  Nobody wants to go to jail for a night, 5 days, 30 days, or even a year.

Contact us today at (414) 270-0202.  Let’s discuss your case, how we can help, and figure out how you’d like to proceed with your case.  We do not charge for initial consultations.