• 05
  • December
    2011

Snowmobiling is popular winter pastime for New Yorkers. The state has over 10,300 miles of trails that stretch across the state, 1,000 of which run through state forests. Many snowmobilers drink before or even while hitting the trails, in an effort to ward off the cold weather or because they think it makes the ride more fun. However, in New York it is illegal to drive while intoxicated or under the influence of drugs on a snowmobile just like it is illegal to do so in a car and there are stiff penalties for mixing alcohol and snowmobiling.

New York DUI Law for Snowmobiles

New York law prohibits those with a Blood Alcohol Content (BAC) of 0.08 percent or higher from operating a snowmobile. The state can charge a person with a Snowmobiling While Intoxicated (SWI) for doing so. Additionally, if a snowmobiler has a BAC of 0.06 to 0.07 percent and exhibits evidence of intoxication, he or she may face charges of Snowmobiling While Ability Impaired (SWAI). Finally, if a person uses illegal drugs then operates a snowmobile, police could arrest him or her for Snowmobiling While Ability Impaired - Drug (SWAI - Drug).

Penalties for Violations

There are serious penalties associated with drinking and snowmobiling. If a snowmobiler is convicted of SWI or SWAI, the court will suspend his or her privileges to operate a snowmobile. Additionally, the court will suspend the person's snowmobile registration upon a conviction. The fines and criminal charges that a person faces for SWI or SWAI are similar to those for DWI or DWAI.

If a person refuses to submit to a chemical test for measuring BAC at the request of an officer, he or she immediately loses the privilege of operating a snowmobile in New York until the state holds an administrative hearing.

New York officials are vigilant in enforcing drinking and snowmobiling laws. What is supposed to be a fun winter activity can quickly turn into a nightmare if it involves an arrest for SWI or SWAI. If you are facing charges for drinking and snowmobiling, contact a New York DWI attorney who can advise you of all of your options.