Deer hunting is a pastime for tens of thousands of Minnesotans, and while we hope that you can bring home a trophy buck this year, we also know that deer camp sometimes involves alcohol consumption. Whether you’re enjoying some time off with your friends or celebrating a big buck, you need to know that alcohol and firearms don’t mix. Law enforcement takes this seriously, and if you’re caught hunting while intoxicated, you can face stiff penalties. In today’s blog, we explore the types of penalties you can face for hunting under the influence of drugs or alcohol.
Hunting Under The Influence In Minnesota
The legal blood alcohol concentration for hunting is the same as in a standard car, with 0.08 being the threshold that you need to be under. That being said, you can still face penalties if you are under the limit if the officer believes the alcohol in your system is significantly affecting your ability to hunt safely. You can be arrested if you are out hunting and stopped by law enforcement and you blow above a 0.08 or your BAC is above 0.08 if you are tested within two hours of interacting with the officer.
Also, it’s worth noting that it’s not just illegal to hunt with a firearm. You’re not allow to “take wild animals” by firearm or archery if you are under the influence, so don’t think you’re above the law just because you’re carrying a crossbow or standard bow.
If you are caught hunting under the influence of alcohol or drugs, you will be charged with a gross misdemeanor, which is punishable by up to a year in jail and fines up to $3,000. Perhaps more importantly, your ability to obtain a hunting license may be suspended for five years, which can really put a damper on your annual hunt.
Finally, you might be thinking, “what if I just refuse to provide a breath or blood test to the officer?” In a vehicle, refusal to submit to a breath test will lead to additional charges until Minnesota’s Implied Consent law. And while that same law doesn’t apply to hunting, you can face additional penalties for refusing to submit to a test, and you can still be charged with hunting under the influence even if you refuse.
Per Minnesota law, refusal to submit to a blood, breath or urine test can be prosecuted as a misdemeanor offense, which is punishable by up to 90 days in jail and fines up to $1,000. Additionally, if you refuse to submit to a test, the incident will be referred to the commissioner of natural resources, who will impose a $500 fine and suspend the individual from hunting for at least one year. While this may sound preferable to the penalties associated with taking wild game while under the influence, as we noted, you can still be charged even if you refuse a test. The state will have a harder time proving the case, but it doesn’t mean they can’t bring charges. It’s worth talking with a lawyer if you can make a call before deciding whether or not to submit to a breath test.
We hope you have a great hunting season and celebrate at deer camp responsibly, and if you or someone you know runs into trouble during hunting season, make sure your first call is to Appelman Law Firm at (952) 224-2277.
