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Minnesota Boating Laws | Gerald Miller
Minnesota Boating Laws

Recreational Vehicles (Off-Road / Motorboat / Airplane)

 

DWI laws make it a crime to operate anything that has a motor while impaired anywhere in the state of Minnesota.  Therefore, DWI laws apply to vehicles such as: boats; snowmobiles; ATV’s; airplanes; and yes, even riding lawnmowers and golf carts.  Further, you can be convicted of DWI while operating a motor vehicle in places other than roads such as: trails; lakes and rivers; the sky; and even your driveway or backyard.

 

The Minnesota State Legislature has, however, made a few exceptions when it comes to certain vehicles such as boats, airplanes, snowmobiles and ATV’s if someone has been convicted of a first or subsequent DWI.

 

 

First Time DWI Conviction – Motorboats and Off-Road Vehicles

In a DWI case, you generally face potential criminal and civil penalties upon conviction.  The criminal penalties include possible jail time and monetary fees.  The civil consequences can include loss of you license or loss of your vehicle.  If you have been charged with your first (1st) DWI while operating an off-road vehicle or motorboat, it is possible that you would only face criminal DWI penalties along with a loss of operating privileges for the type of vehicle involved for a certain period of time.  You may be able to preserve your driver’s license.

 

  1. If you are convicted of a first time DWI while operating a motorboat of off-road vehicle you will lose the right to operate that type of vehicle for up to one (1) year.
  2. If you are convicted of a first time DWI while operating a motorboat or off-road vehicle, the conviction will appear on your driving record and can be used to enhance any future DWI charges.
  3. If you refuse to take an evidentiary test in a motorboat or off-road DWI charge, you will lose you license for one (1) year and the refusal will go on your driving record.
  4. If you are charged with a second or subsequent DWI violation you will face applicable DWI penalties and the exceptions for a first time DWI will not apply.

 

 

Boating – BWI - Minnesota Boating Laws

Generally, you can’t be convicted of DWI while in control of a motorboat only if the boat is anchored, beached or securely fastened to a dock.  Further, you can’t be convicted of DWI if the boat is being rowed or powered by other mechanical means.  You can be charged with DWI if the engine is running and the motorboat is in neutral and adrift.  If you are convicted with DWI while operating a motorboat you will lose operating privileges for 90 days between May 1 and October 31 (this period will carry over to the next calendar year if not completed in one calendar year)

 

 

Off-Road Vehicles

DWI laws covering off-road vehicles are treated very similarly to operating a motorboat.  The main difference is that if you are convicted of first time DWI while operating an off-road vehicle such as an ATV or snowmobile, you will lose your operating privileges for that type of vehicle for one (1) year (the 90-day prohibition does not apply to off-road vehicles).

 

 

Airplanes

It is a crime for a person to act as pilot-in-command or as a crewmember on an aircraft under the following conditions:

 

  1. Within Eight (8) hours of consumption of any alcoholic beverages;
  2. While under the influence of alcohol (0.04 BAC limit);
  3. While using any drugs that affects his/her faculties in any way contrary to safety

 

A conviction for the violation of any law relating to drugs or alcohol is grounds for:

 

  1. Criminal penalties provided for under Minnesota (or other State) DWI laws;
  2. Denial of an application for any certificate, rating, or authorization issues under Part 61 for a period of up to 1 year after the date of final conviction; and/or
  3. Suspension or revocation of any certificate, rating, or authorization issued under Part 61

 

If a pilot is convicted for a DWI, Implied Consent, or any other alcohol / drug related motor vehicle action, that pilot must provide a written report to the FAA Civil Aviation Security Division (AMC-700) no later than 60 days after the motor vehicle action.