All the Ways You Can Get a DUI

Plenty of people choose to spend their off-days and weekends drinking with their friends for a good time. A few party-goers may decide to spend the night in their car until they’re sober enough to drive home the next morning. The next thing they know, they’re being placed in handcuffs or needing a car accident lawyer. The facts are that you don’t need to be driving to get charged with DUI.

Being Behind the Wheel Is Enough

If you think drivers need to be operating a vehicle while under the influence to receive a DUI, think again. In truth, all you need to do is be in the driver’s seat with access to your keys for the police to charge you.

According to the law in most states, the conditions mentioned above are enough for a police officer to determine you’re in physical control of the vehicle. The vehicle doesn’t need to be running, so you’re still violating the law in spite of your best intentions. These charges are typically counted as misdemeanors, so the penalties aren’t as harsh as an actual DUI charge.

Some states deem this as unfair and may have a “safe harbor” law to protect those who are truly attempting to sober up. In these states, it’s recommended not to place your keys somewhere that is easily accessible. It’s still up to the police to make the final call, so it’s by no means protection against a DUI charge. All auto accident attorneys can tell you that it’s better for you to be nowhere near your vehicle while intoxicated.

Private Property Isn’t Always Safe

As long as you’re not drinking and driving on public roads, it’s legal, right? Not in most states. Some states only charge you on public roads or property, but most of them don’t make that distinction. You can get charged for drinking and driving whether you’re in your car in the driveway or on a golf cart in a private golf course.

It Doesn’t Have to Be a Vehicle

Whether a police officer can charge you with DUI or not comes down to how your state defines a “vehicle.” The word can include any mode of transportation, including even a skateboard or a tricycle. Once, a man in Oregon was arrested for riding an adult-sized tricycle on the wrong side of the road while intoxicated.

Motorized wheelchairs can also be considered a vehicle. A man from Illinois was arrested for driving one of these mobility devices while highly intoxicated. He spent the night in jail, though the police determined the wheelchair was not a vehicle and let him go the next day without penalty.

North Carolina considers motorized scooters to be vehicles. One time, a man was arrested while inebriated well above the legal limitations. He was found to be guilty of drunk driving by the judge. Oddly enough, one can ride a horse or operate a lawn mower while drinking without repercussions, technically, by law—but either is still a bad idea.

Laws vary from state to state, but most of them take a hard line when it comes to drinking and driving. Have you or a loved one been charged with a DUI or were in an accident involving a drunk driver? Schechter, McElwee, Shaffer, and Harris can help. Over 100 years of combined experience in legal service makes us the right choice when you need an auto accident lawyer.