AB 803

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

vehicle (ATV), a utility terrain vehicle (UTV), 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 UTV,

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 or UTV 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, a UTV, 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 or UTV, the intoxicated boating, or the intoxicated snowmobiling

law, a court may only count 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 or UTV, 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 to 21.

Current law requires absolute sobriety for persons under the age of 19 who are

operating snowmobiles and for persons under the age of 21 for motorboats, ATVs, and

UTVs.

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

violations of the intoxicated operation of an ATV or UTV 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 or UTV law and the ATV

or UTV refusal law.

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