This New Minnesota DWI Law Might Surprise You

A new DWI law in Minnesota makes it a crime to operate an ATV or snowmobile while under the influence of alcohol or drugs. The recent death of an 8-year-old boy killed by a drunk driver on a snowmobile prompted Minnesota lawmakers to impose the steeper penalties for impaired ATV and snowmobile drivers.

Drunk Driving Laws Now Include Recreational Vehicles

Minnesota lawmakers have passed legislation that makes drunk driving on ATVs and snowmobiles an offense. Currently, a loophole in the law allows impaired drivers or those with a prior DWI conviction to operate an ATV or snowmobile. New DWI laws will allow convictions for drunk driving whether drivers are on roads and highways, water, snow, or open trails. The legislation will also prevent anyone convicted of a drunk driving offense from operating a car, ATV or snowmobile. Driving privileges for an ATV or snowmobile will be revoked for one year.

New DWI laws were prompted by the death of a young boy killed in a snowmobile crash. The boy was hit by a drunk driver on a snowmobile while ice fishing with his parents on a Chisago County lake in January. The 45-year-old snowmobile driver was inebriated and traveling at a high rate of speed when he slammed into the 8-year-old boy and his dad. The boy was rushed to a hospital in St. Paul in critical condition, where he died five days later from severe head trauma. An investigation into the snowmobile driver’s background showed that he had a history of drunk driving, and his driver’s license had previously been revoked three times for alcohol-related incidents. He was arrested and charged with two counts of criminal vehicular operation.

The new DWI law has the full support of Minnesota law enforcement, as well as the Minnesota United Snowmobile Association and The Department of Natural Resources. They point out that outdoor recreational vehicles like ATVs and snowmobiles are heavy machines capable of traveling at dangerously fast speeds and causing serious injuries and fatalities. In the event of a crash, they pose a high risk of serious injuries to accident victims including fractures and broken bones, permanent disfigurement, spinal cord injuries, traumatic brain injuries, and death. Accident statistics show that a large percentage of ATV and snowmobile crashes involve drunk drivers who are impaired by alcohol and/or drugs, reckless driving, and negligent behavior.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Experience: Practicing since 1997
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Can You Be Charged With a Drug Crime Based on Text Messages Alone?

You can be charged with a drug crime based on text messages alone in Minnesota, especially when the messages show intent to purchase, sell, distribute, or traffic drugs. Prosecutors often use text messages to demonstrate intent to commit a drug crime, show a history of drug activity, link you to a specific phone, and corroborate physical evidence. Text messages often strengthen the probable cause required for the police to arrest and charge you. They are, however, not sufficient for a conviction without compelling supporting physical evidence.

Can the Police Lie to You During an Interrogation in Minnesota?

Criminal defendants who interact with police officers for the first time are often left wondering, “Can the police lie to you during an interrogation?” Police officers can lie to you during an interrogation. In fact, deception is a lawful and fully permitted police technique provided the officers do not use it to force a confession. Police often claim possession of non-existent evidence or witnesses to trick you into disclosing information that can aid their investigation.