A Rochester snowmobiler who is operating under the influence of alcohol may face serious charges.

When a snowmobiler is involved in an accident or is stopped for violating any of the regulations surrounding operation of a snowmobile, the Parks, Recreation and Historic Preservation law authorizes a police officer to ask the operator to take a handheld breath test.

If that test is positive for alcohol, the officer may then ask the operator to take a chemical test of his or her breath, blood, saliva or urine to determine blood alcohol content.

An operator who refuses to submit to this chemical test faces sanctions for doing so, even if any related drinking and driving charges are dismissed.

When the operator first appears in the local court after being arrested, his or her privilege to operate a snowmobile will immediately be suspended, and a hearing will be scheduled before an administrative law judge to determine whether the operator refused to take a lawfully requested chemical test.

At the hearing, the only issues will be 1) did the police officer have reasonable cause to believe that snowmobiler had been operating a snowmobile while impaired or intoxicated by alcohol;(2)did the police officer make a lawful arrest;
(3) was the operator given sufficient warning prior to refusing the test that refusal would result in immediate suspension of his or her privilege to operate a snowmobile whether or not he or she is found guilty of any other charges; and
(4) did he or she then refuse to submit to the chemical test.

If the administrative law judge finds all of these issues against the operator, the penalty for a first time offender is suspension of the privilege to operate a snowmobile for six months and a $200 fine.

Operation of any type of vehicle under the influence of alcohol can lead to serious legal problems.

If you need an experienced DWI lawyer, call us at 585-484-7432.