A man convicted of his fourth drunken driving offense — while on a riding lawnmower — argued that his Husqvarna was really more of an all-terrain vehicle, or ATV, than a motor vehicle.

That difference would have triggered a lighter penalty for Keith Shoeder, but his argument didn't cut it at the Court of Appeals.

In 2017, an Oneida County sheriff's deputy got a call that Shoeder, 64, who had an active warrant, was at a tavern in Pine Lake. When the deputy got to the area, he saw Shoeder driving a lawnmower down a street in Rhinelander, where he used to own a marina and RV business.

The deputy activated his emergency lights, but Shoeder didn't stop until he drove into a condominium area, and then onto the grass and through some trees.

The deputy caught up on foot and found Shoeder unbalanced with glassy eyes and the strong odor of alcohol on his breath. He denied drinking and blamed his condition on prior brain surgery. A blood draw showed an alcohol concentration of 0.119, over the 0.08 level considered evidence of intoxication in Wisconsin.

When a judge denied Shoeder's motion to dismiss on the ATV argument, he pleaded no contest and appealed.

Wisconsin ATV law does specifically prohibit intoxicated operation but is written as though people would not also be driving them on a street or road. A first violation is punishable by a fine of $150 to $300. A second within five years earns a fine of $300 to $1,000 and jail of five days to six months. A third ups the fine to $600 to $2,000 and the jail time to 30 days and as much as a year.

On his OWI conviction, Shoeder was sentenced to three years' probation — with 120 days in jail as a condition — and had his driver's license revoked for two years. The sentence was withheld pending the appeal.

Wisconsin Statutes Chapter 346, "Rules of the Road," specifies which sections apply to ATVs. The ones against OWI are not listed.

Shoeder argued his mower was a lot more like an ATV, though he admitted it did not have a seat you would straddle, one of the characteristics in the statute. He noted though, that since the ATV statute was written, many manufacturers have added step-through seating models.

"Regardless of whether commercial manufacturers have changed their designs and now market all-terrain vehicles with step-through seating, we must defer to our legislature’s choice to define an 'all-terrain vehicle' as having straddle seating, among other attributes," Judge Thomas Hruz wrote for the District III panel.

But lawmakers defined "motor vehicle" broadly, Hruz wrote, suggesting it meant to cover a variety of vehicles, "regardless of their 'traditional' functions or usage."

"And when Shoeder used the riding mower in the capacity he did—i.e., to travel from a tavern on a public roadway — and while he was intoxicated, it seems far from absurd to conclude the legislature would want such a dangerous use prohibited."

Since his arrest in the lawnmower incident, Shoeder has picked up several more citations in Oneida County, for disorderly conduct/motor vehicle, failing to report a boating accident, negligent boat operation and hit-and-run of an unattended vehicle.

Shoeder sold his marina business last year and recently changed his address in court records to Fort Myers, Florida.

Contact Bruce Vielmetti at (414) 224-2187 or bvielmetti@jrn.com. Follow him on Twitter at @ProofHearsay.