Legislators aim to close off-road DWI loophole

Tragedy struck Chisago Lake in January when an 8-year-old boy ice fishing with his family was struck and killed by a drunk snowmobiler.

“This man had multiple DWI convictions previously in his car, he’d had his driver’s license revoked multiple times, he had an ignition interlock; however, technically his privileges to drive a snowmobile or ATV were intact. They were not suspended,” said Rep. Anne Neu (R-North Branch).

Neu sponsors HF3905, a bill that would revoke snowmobile and ATV privileges following a DWI conviction. Approved Thursday by the House Environment and Natural Resources Policy and Finance Committee with no opposition, the bill was sent to the House Floor. Its companion, SF3637, sponsored by Sen. Mark Koran (R-North Branch), awaits action by the Senate Environment and Natural Resources Policy and Legacy Finance Committee.

The committee is also in possession of HF3924, a matching bill approved Wednesday by the House Public Safety and Security Policy and Finance Committee. A third bill on the subject, HF3923, was approved Monday by the House Transportation and Regional Governance Policy Committee.

Under current law, an individual cited for driving a snowmobile or ATV while intoxicated loses driving privileges for one year and can incur the penalties of a DWI as if they had been cited while driving a motor vehicle.

The reverse, however, is not true; if an individual is cited for driving a motor vehicle while intoxicated, it does not impact off-road driving privileges.

Neu said the goal of the bill is to prevent tragedies similar to the one that occurred on Chisago Lake.

“The reason why I loved little Alan (Geisenkoetter Jr.) so much is that he accepted me for who I am, because I have Asperger’s and ADHD, and that did not matter to him,” said Logan Kocher, the victim’s 13-year-old cousin, whose testimony moved several legislators to tears. “If this law had been in place beforehand, there is a slight chance he would still be here.”

The legislation also received endorsements from representatives of the Minnesota United Snowmobilers Association and the All-Terrain Vehicle Association of Minnesota.