Most DWIs involve the operation of a car, but DWI
arrests are not specifically limited to only driving a car.
All over the U.S., courts have sentenced people to
jail time, community service, or both for DWIs not involving an automobile.
Section 20-138.1 of the North Carolina General Statutes defines "impaired
driving" as driving any vehicle upon any vehicular area in the state.
Nowhere in this statute explicitly states that it has to be a car.
Let’s take a look into Section 20-4.01(49) of the
general statutes. This part of the statute defines the term "vehicle"
as anything that can be used to transport people along roads. The only exceptions
to this term are fixed-track vehicles (e.g. trains) and mobility devices (e.g.
wheelchairs).
Regardless of how the vehicle is primarily used,
the driver can still be charged with DWI under these circumstances. A tractor
may not be designed to buzz along the Interstate, but it still carries the
driver to places. At one time, you could also be charged with DWI on horseback,
as it was with State v. Dellinger, but subsequent amendments have removed
horses and we are not aware of any group like MADHR (Mothers Against Drunk
Horseback Riding).
However, this is just scratching the surface. It's
not easy determining what vehicle meets the requirements for the legal
definition of a "vehicle." For instance, you can't be charged with
DWI on a vehicle "moved solely by human power" (Lewis v. Watson,
1948), but perhaps bicycles are within the scope of the law. When in doubt,
call a cab instead.
Bicycles are now in fact covered under the DWI law. This went into effect a couple of years ago when the legislature changed the law from "motor vehicle" to "vehicle." The definition of vehicle under the NC vehicle code includes bicycle. This change was intentional to cover DWI operation of mopeds, motor scooters and bicycles in response to a high number of crashes related to DWI operation of such vehicles. The change was controversial, however, due to concern that it might eliminate the incentive for drivers to select less dangerous vehicles when they are under the influence.
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