§ 3207f. Persons under 21 years of age; alcohol concentration of 0.02 or more
(a) A person under the age of 21 who operates, attempts to operate, or is in actual physical
control of a snowmobile on any lands, waters, or public highways of this State when
the person’s alcohol concentration is 0.02 or more commits a civil traffic violation
subject to the jurisdiction of the Judicial Bureau and subject to the following sanctions:
(1) For a first violation, the person’s privilege to operate a snowmobile on any lands,
waters, or public highways of this State shall be suspended for six months and until
the person complies with section 1209a of this title.
(2) For a second or subsequent violation, the person’s privilege to operate a snowmobile
on any lands, waters, or public highways of this State shall be suspended until the
person reaches the age of 21 or for one year, whichever is longer, and complies with
section 1209a of this title.
(b) Notwithstanding the provisions in subsection (a) of this section to the contrary,
a person’s privilege to operate that has been suspended under this section shall not
be reinstated until the Commissioner has received satisfactory evidence that the provider
of the therapy program has been paid in full.
(c) If a law enforcement officer has reasonable grounds to believe that a person is violating
this section, the officer may request the person to submit to a breath test using
a preliminary screening device approved by the Commissioner of Health. Notwithstanding
any provisions to the contrary in sections 1202 and 1203 of this title:
(1) the results of the test shall be admissible evidence in a proceeding under this section;
and
(2) there shall be no statutory right to counsel prior to the administration of the test.
(d) A refusal to submit to an evidentiary test shall be considered a violation of this
section.
(e) In a proceeding under this section, if there was at any time within two hours of operating,
attempting to operate, or being in actual physical control of a snowmobile on the
lands, waters, or public highways of this State an alcohol concentration of 0.02 or
more, it shall be a rebuttable presumption that the person’s alcohol concentration
was 0.02 or more at the time of operating, attempting to operate, or being in actual
physical control.
(f) The alcohol program required under this section shall be administered by the Department
of Health’s Division of Substance Use Programs and shall take into consideration any
particular treatment needs of operators under 21 years of age.
(g) A charge of violating this section shall not bar prosecution for any crime, including
a prosecution under section 3207a of this title. (Added 1997, No. 57, § 6, eff. Sept. 1, 1997; amended 1997, No. 121 (Adj. Sess.), § 28; 2021, No. 115 (Adj. Sess.), § 6, eff. July 1, 2022.)