§ 74-89. Prohibited operation of snowmobile.

(a)

Penalties; intoxicants; refusal.

(1)

Except as provided under subsections (b) and (c) of this section, a person who violates § 350.101(1)(a) or (b) or § 350.104(5), Wis. Stats., shall forfeit not less than $400.00 nor more than $550.00.

(2)

Except as provided under subsection (c) of this section, a person who violates § 350.101(1)(a) or (b) or § 350.104(5), Wis. Stats., and who, within five years prior to the arrest for the current violation, was convicted previously under the intoxicated snowmobiling law or the refusal law shall be fined not less than $300.00 nor more than $1,000.00 and shall be imprisoned not less than five days nor more than six months.

(3)

A person who violates § 350.101(1)(a) or (b) or § 350.104(5), Wis. Stats., and who, within five years prior to the arrest for the current violation, was convicted two or more times previously under the intoxicated snowmobiling law or refusal law shall be fined not less than $600.00 nor more than $2,000.00 and shall be imprisoned not less than 30 days nor more than one year in the county jail.

(4)

A person who violates § 350.101(1)(c) or § 350.104(5), Wis. Stats., and who has not attained the age of 19 shall forfeit not more than $50.00.

(b)

Penalties related to failure to stop and for causing injury while under influence of intoxicants. A person who violates § 350.101(2) or § 350.17(2), Wis. Stats., shall be fined not less than $300.00 nor more than $2,000.00 and may be imprisoned for not less than 30 days nor more than one year in the county jail.

(c)

Sentence of detention. The legislature intends that courts use the sentencing option under § 973.03(4), Wis. Stats., whenever appropriate for persons subject to subsection (a)(2) or (3) or subsection (b) of this section. The use of this option can result in significant cost savings for the state and local governments.

(d)

Calculation of previous convictions. In determining the number of previous convictions under subsection (a)(2) and (3), convictions arising out of the same incident or occurrence shall be counted as one previous conviction.

(e)

Reporting convictions to the department of natural resources. Whenever a person is convicted of a violation of the intoxicated snowmobiling law, the clerk of the court in which the conviction occurred, or the justice, judge or magistrate of a court not having a clerk, shall forward to the department of natural resources the record of such conviction. The record of conviction forwarded to the department of natural resources shall state whether the offender was involved in an accident at the time of the offense.

(f)

Alcohol, controlled substances or controlled substance analogs; assessment. In addition to any other penalty or order, a person who violates § 350.101(1) or (2) or § 350.104(5), Wis. Stats., or who violates § 940.09 or § 940.25, Wis. Stats., if the violation involves the operation of a snowmobile, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substance or controlled substance analogs. The assessment order shall comply with § 343.30(1q)(c)1.a. to c., Wis. Stats. Intentional failure to comply with an assessment ordered under this subsection constitutes contempt of court, punishable under ch. 785, Wis. Stats.

(g)

Replacement of signs, standards. In addition to the other penalties under this section, the court may order the defendant to restore or replace any uniform snowmobile trail sign or standard that the defendant removed, damaged, defaced, moved or obstructed.

(Code 1989, § 12.31(6))