AB 439

Under current law, a person may not operate a snowmobile, an all-terrain

vehicle (ATV), or a motorboat while under the influence of alcohol or a controlled

substance to a degree that he or she cannot operate the vehicle or boat safely. Under

current law, a personal watercraft is included in the definition of "motorboat."

Current law also prohibits the operation of an ATV, a recreational motorboat, or a

snowmobile by a person who has an alcohol concentration of 0.08 or more. For

motorboats being operated on a commercial basis, the maximum alcohol

concentration is 0.04. These laws are respectively referred to under current law as

the intoxicated operation of an ATV law, the intoxicated boating law, and the

intoxicated snowmobiling law. Under current law, a person who refuses to submit

to a legal request for a breath, blood, or urine sample pursuant to an arrest for

operating a snowmobile, an ATV, or a recreational motorboat while under the

influence is in violation of what is known as the refusal law.

Under current law, in imposing a penalty for a violation of the intoxicated

operation of an ATV, the intoxicated boating, or the intoxicated snowmobiling law,

a court may only count as a previous conviction of the same law, or the applicable

refusal law. For example, if a person is before the court for violating the intoxicated

snowmobiling law or the snowmobile refusal law, the court may count only previous

convictions of the intoxicated snowmobiling law and the snowmobile refusal law as

prior convictions. Previous convictions of the intoxicated operation of an ATV law

or of the intoxicated boating law or of the applicable refusal laws may not be counted.

Under this bill, a court must count previous convictions of any of these intoxicated

operation or refusal laws that occurred within the previous five years when imposing

a penalty for a violation of any of these laws.

The bill makes the provisions of the intoxicated operation of an ATV, the

intoxicated boating, and the intoxicated snowmobiling laws more consistent. These

changes include:

1. Raising the age of absolute sobriety for the operation of snowmobiles and

ATVs to 21. Current law requires absolute sobriety for persons under the age of 19

who are operating snowmobiles and ATVs and for persons under the age of 21 for

motorboats.

2. Adopting the higher penalties for various violations where the penalties for

violations of the intoxicated operation of an ATV law, the intoxicated boating law, the

intoxicated snowmobiling law, and the refusal law conflict.

3. Imposing increased penalties for violating the intoxicating boating law or the

intoxicated snowmobiling law or related refusal law if the motorboat or snowmobile

is operated with a passenger under 16 years of age. The increased penalty already

exists for a violation of the intoxicated operation of an ATV law and the ATV refusal

law.

4. Repealing the provisions that imposed increased penalties for operating an