A lawnmower is not an ATV says an appeals court so a Rhinelander man's drunk driving charge stands.
Keith Shoeder was arrested in 2017 for intoxicated driving after being seen leaving a tavern on a lawn mower. When arrested, he was operating the riding lawn mower on the shoulder of a public roadway. A blood test revealed a blood alcohol level of .11. He was convicted of fourth-offense OWI, and sentenced to 120 days in jail.
Shoeder appealed, saying lawn mowers are like ATV's and have different drunk driving laws applying to them than other motor vehicles. The appeals court disagreed, saying a lawn mower is driven using one type of seat, while an ATV has a seat that you straddle. The court said while a lawn mower does not need a title or registration, it can be deemed as a 'motor vehicle', thus making the lawn mower falling into the same category as a car, rather than an ATV.
The court ruled it wouldn't be absurd to think the legislature wanted drunk driving laws to apply to lawn mowers as they do cars. Court records indicate Shoeder’s driver’s license was also suspended for two years.
