It is illegal for snowmobilers in the Rochester area to operate a snowmobile while impaired or intoxicated by alcohol on any street, highway, public land, public trail, public body of water, or the private property of another person.

Just as the operator of a car will – in almost all cases – be asked to take a breath test if suspected of drinking and driving, a snowmobiler suspected of being impaired or intoxicated will be asked to take a breath test and is subject to penalties if he or she refuses to do so.

Under most circumstances, a snowmobiler who refuses to take the breath test cannot be forced to take a test to determine his or her blood alcohol content.

A police officer or a district attorney only may request a court order to compel the operator to take a blood test in certain situations.

For a court order to be requested, the snowmobiler must have been involved in an accident in which someone was killed or suffered a serious physical injury.

There also must be reasonable cause to believe the snowmobiler was operating while impaired or intoxicated by alcohol or, in the alternative, the snowmobiler must have tested positive for alcohol on a hand held breath test administered by the arresting officer.

Aside from these factors, the court must also be provided with reasonable cause to believe that the snowmobiler has been placed under lawful arrest and has refused to voluntarily consent to a chemical test to determine his or her blood alcohol content.

A request for a court order compelling a blood test does not need to be made in person.

Instead, the arresting officer or district attorney may communicate the request to the court by telephone, radio or other electronic means.

If you have been arrested for driving any type of vehicle while intoxicated, we can help you. Call us at 585-484-7432.