Driving Under the Influence

MOTOR VEHICLE DUI

This is another issue that would seem simple, but occurs in real life from time to time. Creative police officers, often inexperienced and trying to push to make a name for themselves, sometimes stretch to try to make a DUI case in which a motor vehicle is not involved. There are reported cases on such items as skateboards, bicycles, wheelchairs, and even horses.

Any device that is moved exclusively by human power is not a vehicle. In order to qualify as a vehicle, the device must have some type of motor, but there is an open question even as to some of these.

Note, however, that even though the vehicle may not qualify under the DUI statutes, there may be other statutes that prohibit operation while under the influence, such as with a bicycle.

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