Most people enjoy a glass of wine or two, and some enjoy more than that. But once your blood alcohol level is above the legal limit, we know it’s illegal to drive a vehicle. But how does that apply to a wheelchair occupant? Is the wheelchair considered a vehicle, or is the person still a pedestrian? Can you get a DUI in a wheelchair?
Laws on DUIs for people in wheelchairs vary depending on where you live. In many places listing mobility scooters and electric wheelchairs as vehicles, a wheelchair occupant can get a DUI if their blood alcohol level exceeds the legal limit. If not, the law sees them as pedestrians and can’t do so.
Whether it is legal or not to operate a wheelchair while under the influence of alcohol or other drugs is not the most important question. It is unsafe to do so, and wheelchair occupants can put themselves and others at risk. But let’s investigate the details of a DUI in a wheelchair.
Is It Possible To Get A DUI In A Wheelchair?
It’s asking for trouble when you’re on wheels of any kind, and your blood alcohol concentration (BAC) is over the legal limit of 0.08%. Most DUIs occur with cars and other typical vehicles. But in a number of states and other countries around the world, it is not only possible to get a DUI in a wheelchair, but it has already happened!
Not only can you get a DUI in a wheelchair, but some states allow these citations for the following odd “vehicles”:
- Horse DUI
- Boat DUI
- Bike DUI
The basic principle for these unusual cases is that the people had BACs that were above the legal limit and were operating moving vehicles at the same time. This also applies to the cases where people were cited for DUIs in wheelchairs.
When Does A DUI In A Wheelchair Apply?
Getting a DUI in a wheelchair is dependent on the jurisdiction of where the wheelchair occupant is “driving under the influence,” how the state defines a “vehicle” in its laws, and sometimes where the person is riding.
Each state has its own laws and definitions within those laws. In certain jurisdictions, a vehicle is “a self-propelled conveyance capable of carrying the weight of the operator.” In this case, the law sees a motorized wheelchair as a vehicle.
When a wheelchair is seen as a vehicle, its operator must obey all traffic laws for that state. And regardless of where you go, operating a vehicle while impaired is illegal.
Still, if a motorized wheelchair occupant gets a DUI for using a wheelchair while impaired, a conviction could be overturned because the defense would usually argue that the wheelchair is not a vehicle and the occupant is a pedestrian. The law could still slap the person for public intoxication, which is illegal everywhere.
In Texas, driving while intoxicated on a public highway in any motorized or non-motorized vehicle will earn you a DUI or a public intoxication charge.
While wheelchair users generally ride on the sidewalks, they may also use bicycle lanes. Often the sidewalks don’t meet the ADA conditions, need repair, or are blocked by construction work or other obstacles. Wheelchair occupants must comply with all cyclist and other traffic laws in their state. They could therefore be subject to DUI laws and penalties if they ride while impaired.
When Does A DUI In A Wheelchair Not Apply?
Some states view a motorized wheelchair or mobility scooter as a substitute mechanism for walking. The wheelchair occupant is now a pedestrian. In that case, they do not belong on roads with cars, trucks, and buses, just as pedestrians don’t walk between cars on the streets.
So, although it can be a nuisance and dangerous to the wheelchair user and others around them, they can’t get a DUI while operating their chairs. Police may write them up for public intoxication, though, if their BAC is above the legal limit.
What Are The Penalties For A DUI In A Wheelchair?
States vary in their penalties for DUIs in wheelchairs. In Florida, the penalties for a DUI are equal for motorized wheelchairs and typical motor vehicles. Punishments include community service and fines. But penalties will be more severe if you injure anyone or damage their property. The same is true if you carry a passenger younger than 18.
If the police arrest a person for DUI while operating a wheelchair or mobility scooter, a jury could convict them of a felony. When the wheelchair user causes the death of someone because of their impairment at the time, they could get up to 30 years of jail time. In other cases, the guilty person could be charged with an OVI misdemeanor.
DUI In Wheelchair Examples
While getting a DUI in a wheelchair is not an everyday occurrence, several cases have been noteworthy.
- In 2014, a man called Donald Law was caught swerving around in his wheelchair on the road close to his home. Police discovered his BAC was over the legal limit and charged him with a misdemeanor OVI.
- Another case was Raymond Kulma, who stole and drove a motorized wheelchair with a BAC three times higher than the lawful limit, earning him his seventh DUI.
- Similarly, in Pennsylvania, an elderly woman got a DUI for driving her motorized wheelchair through a mobile home area at 4 in the morning.
- In 2012, James Greene collided with a truck while crossing a road. A jury convicted him of DUI because prosecutors argued that his wheelchair was a vehicle. But three judges ruled that Greene was a pedestrian, and he was acquitted.
How To Avoid Getting A DUI In A Wheelchair
If you don’t want to earn a DUI while operating your wheelchair, you have several options. You could abstain from alcohol when on a night out with friends. Alternatively, if they own a suitable vehicle, they could give you a lift home instead of going home on your own steam while impaired.
Conclusion
Depending on your state and its definition of a vehicle within its intoxication statutes, you could get a DUI while operating a wheelchair. Should you be found guilty, your punishment could be community service, fines, or even jail time. So, if you’re looking for some good advice: if you reside in such a state, don’t drink and drive.