AB 356

This bill makes the laws regulating the intoxicated operation of different

recreational vehicles more consistent.

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

vehicle (ATV), a utility terrain vehicle (UTV), an off-highway motorcycle (OHM), 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, an OHM, 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 operation of an OHM 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, an OHM, 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 operation of an OHM, 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 or UTV 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 operation of an OHM, the intoxicated boating, and the intoxicated

snowmobiling laws more consistent. These changes include all of the following:

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

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

operation of an OHM law, the intoxicated boating law, the intoxicated snowmobiling

law, and the refusal law conflict.

2. Imposing increased penalties for violating the intoxicated operation of an

OHM law, the intoxicated boating law, or the intoxicated snowmobiling law or

related refusal law if the OHM, 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.