Winter is here in Minnesota, and the presence of snow means it’s time to break out our favorite seasonal toys and enjoy some winter activities. For some, their favorite activity involves lighting a fire and staying warm inside, but many Minnesotans like to get outside and enjoy some winter sports. Whether it’s skating, ice fishing or hitting the slopes, there are plenty of ways to stay entertained during the cold winter months.
The problem occurs when you mix winter activities and alcohol. We’ve already discussed how you can get a DUI on a snowmobile on our site, but what about other winter activities? Can you get a DUI on or snowboard? While you’re on skis? Or when you’re sledding down the hill with friends?
Snowboarding and Skiing DUI
The straightforward answer to the question is no, you can’t get a DUI on a snowboard. Under Minnesota law, a person needs to be operating a motor vehicle in order to be charged with a DUI. Furthermore, the device must be used for transportation on roadways or recreational paths in order to be considered a motor vehicle under the law, which as we mentioned in a previous post, does not apply to Segways, as they are primarily used on sidewalks. Since snowboards, sleds and skis are primarily powered by gravity and the downward slope of the hill, they would not meet the criteria for a motor vehicle under Minnesota law.
That said, it doesn’t mean you can’t end up in handcuffs for hitting the slopes while you’re over the legal limit. You can’t be hit with a DUI (unless you drive home under the influence), but you could still end up being charged with:
- Disorderly Conduct
- Disturbing the Peace
- Trespassing
For example, if you’re causing a nuisance on the slope, or you’re endangering others, the ski staff may revoke your lift ticket and ask you to leave. If you decide to continue to snowboard, or if you cause a scene, the authorities may show up and cite you for any of the above violations.
Finally, and this is key to remember, you can be held personally liable for any injuries you cause on the slopes. Accidents are a part of skiing and snowboarding, and sometimes it’s impossible to avoid a person should they fall in front of you or in a blind spot, but your level of intoxication can be used against you in the court of law. If you’re intoxicated and racing a friend down the hill and you collide with another skier who suffers injuries, you could be taken to court for their pain and suffering. If the court finds that alcohol played a significant role in the accident, you could be on the hook for thousands of dollars.
So while a DUI may be out of the equation, use your head and don’t drink before hitting the slopes for some winter fun.
