Contributor: Adam Justinger

Introduction

Just a few days ago it was around -20 degrees but felt like it was -50 degrees. Winter is certainly here in full force. Although we haven’t gotten much snow, there is plenty to do outside, including snowmobiling. So, you hop on your sled and decide to send it. Mid-way through the ride, you stop at a local bar and grill. While there, you order a burger basket and an ice cold beer. Before you get back on your sled, there are a few things you should know.

Snowmobiling Under the Influence

Under North Dakota law, it is unlawful for any person to drive or operate any snowmobile while under the influence of intoxicating liquor, drugs, or a combination of the two. In North Dakota, a person is considered to be “under the influence” if they have an alcohol concentration of at least .10 within two hours of operating a snowmobile. A person could also be considered “under the influence” if an individual’s blood or urine indicates the presence of narcotics or a combination of both alcohol and narcotics.

An individual who operates a snowmobile on any public land or private land with public access is deemed to have given consent, and shall consent to a chemical test or tests of their blood, breath, or urine. The purpose of the test is to determine an individual’s alcohol concentration or presence of other drugs or a combination of both. If a person refuses to submit to a chemical test, proof of that refusal is admissible in any action or proceeding. Both a refusal or the chemical test results could be used against you.

Penalties

An individual is guilty of an infraction if they are convicted of a first offense for operating a snowmobile under the influence. The court must impose a minimum fine of $250 and prohibit the individual from operating a snowmobile for sixty days. The maximum fine for this offense is $1,000. An infraction is not a jailable offense under North Dakota law. If an individual has one previous conviction for operating a snowmobile under the influence within a five year period, they would be guilty of a class B misdemeanor if convicted. The court must impose a minimum fine of $350 and prohibit the individual from operating a snowmobile for one year. If an individual has at least two previous convictions for operating a snowmobile under the influence within a five year period, they would also be guilty of a class B misdemeanor if convicted. The court would be required to impose a minimum fine of $450 and prohibit the individual from operating a snowmobile for a period of two years. A class B misdemeanor is punishable by a maximum of thirty days in jail, a $1,500 fine, or both. Further, if an individual refuses to submit to a chemical test, they could lose their snowmobiling privileges for a much longer period of time.

In Conclusion

Cases involving snowmobiling under the influence can be difficult to navigate. Having an experienced criminal defense attorney is key when you are dealing with these types of allegations. For help with alcohol related matters in North Dakota or Minnesota please contact SW&L Attorneys at 701-297-2890. For future articles, check out our blog.

This article is for informational purposes only and is subject to our disclaimer.

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