A 34-year-old Apple Valley man and part-time worker for the city of Apple Valley was arrested on Monday night after he allegedly drove a Zamboni machine under the influence of alcohol at a hockey game at Hayes Arena in Apple Valley. Police apparently arrived at the arena to find the man struggling to maneuver the machine around the ice rink.

According to local sources, officers initiated contact with the man after the machine was removed from the ice, and found signs of intoxication. The man was arrested and charged with DWI, and has since been suspended from his position. Sources add that the man has a history of drunk-driving convictions, though his employers say he has been a reliable employee.

A recent Forbes article, reflecting on the incident, noted that while one can be arrested and charged with DWI for operating a Zamboni machine, there is somewhat of a question as to whether one can actually be convicted of the charge.

As the author notes, non-automotive DWI cases usually center on the question of whether the machine being operated by the intoxicated person constitutes a "vehicle" or "motor vehicle." Riding lawnmowers, motorized beer coolers and bar stools have been held as "motor vehicles" in some cases, but there has not been many Zamboni cases to reflect on.

In one New Jersey Zamboni DWI case, the judge dismissed the charge on the basis that Zamboni machines cannot be used on roadways and cannot carry passengers. As the author points out, though, both of those assumptions are technically incorrect.

Zamboni machines typically have a top speed of 3 to 5 miles per hour, and do not present any risk to bystanders, unless there are people standing in the rink. In their typical usage, it is hard to compare them to automobiles traveling on streets and highways.

It isn't clear yet what will happen with this man's case, but it is safe to say that it will not be a slam dunk case for the prosecution.

Source: Forbes, "Do Drunk-Driving Laws Apply to Zamboni Drivers?," Kevin Underhill, February 1, 2012.