A new law called “Little Alan’s Law has broadened the reach of a DWI Driver’s license revocation to prohibit the use of Boats, ATVs, and Snowmobiles. In 2018, 8-year old Alan Geisenkoetter was killed by a snowmobiler while ice fishing. The driver of the snowmobile had had his driver’s license revoked at the time for multiple DWIs. The snowmobiler was legally operating the snowmobile because, at that time, there was no law prohibiting serious repeat DWI offenders from operating boats and snowmobiles. A new law closed this loophole August 1, 2018
This new law affects our clients in two very important ways.
First, if a driver of a motor vehicle is convicted of a DWI, that driver will also now be prohibited from operating a motorboat for 90-days and ATV or snowmobile for a year. With regard to the suspension of motorboat operating privileges, the 90-day suspension period must occur during the boating season, between May 1 and October 31.
Second, if a driver of a boat is convicted of boating while impaired, his or her driver’s license will now be revoked just as if the offense occurred in a motor vehicle. That is, the new DWI law no longer differentiates between BWI and DWI. Until the August 2018 changes to the law, a first time BWI offender was not subject to having their driver’s license suspended. The new law now subjects a first- time offender convicted of BWI to a driver’s license suspension of up to a full year.
It is important to note that before a person’s boating or ATV privileges can be revoked, the state must first obtain a DWI conviction. That means the state needs to prove a driver’s guilt beyond a reasonable doubt. If you are a recreational vehicle user, do not plead guilty to a DWI. Fight it.
