Claiborne Ferguson is THE Memphis DUI lawyer, with his practice, the Claiborne Ferguson Law Firm in Memphis, Tennessee, devoted to DUI defense and capital murder cases. Both require a vast knowledge of science and law, which is why he has extensive training in both areas. In this article, he talks about what is a “vehicle” for DUI purposes.
Almost every DUI statute prohibits a person from driving or being in actual control of a vehicle while under the influence or alcohol, drugs or anything that acts upon the central nervous system. Problems arise when the law fails to define what a vehicle is. Ultimately, it falls to each state court to define what vehicles are covered under that state’s DUI’s laws.
Most DUI statutes use the term “vehicle” and “motor vehicle.” Questions arise because of the difference between the two, as “vehicle” could quite easily be broader in scope than the words “motor vehicle.” Some courts have held that a car that is unable to be started being pushed down the road is still a vehicle for purposes of DUI prosecution. And even cars which are stuck in mud and unable to be driven would still meet the definition of vehicle.
Taking It to the Extreme
Some courts have taken the definition of vehicle to such extremes that people found under the influence while in golf carts, four-wheelers, motorized bicycles and motorized wheelchairs have been prosecuted under the DUI laws. There is even a debate in some states as to whether or not horses, bicycles and non-licensed scooters, or kid’s scooters, should meet the definition of vehicle for DUI purposes.
It’s not uncommon to have a client who had been convicted of DUI and having lost his license been told that he could purchase a small stand-up scooter and not have to possess a valid driver’s license for it. However, as soon as he took it out onto the roadway, not only was he required to have a driver’s license, he was quickly stopped and charged with his second DUI offense.
Clearly, the safest approach is not to get anywhere near a highway or roadway on anything that could even remotely be considered a vehicle after consuming alcohol in quantities sufficient to impair a person. And the best way to ensure that you are in compliance with all state laws is to contact a qualified DUI defense attorney in your area should the need arise.
