Can I get a DUI on a bike?
It may be surprising to hear that the answer is yes, and that we have had these before, but it is true. Under Georgia law, you can get a DUI behind the wheel of many vehicles.
What’s the Law?
Georgia law makes it a crime to drive or be in actual physical control of any moving vehicle while under the influence of alcohol to the extent that it is less safe for the person to drive; or the person’s alcohol concentration is 0.08 grams or more.OCGA § 40-6-391 (a).
What constitutes a vehicle?
A “vehicle” is defined in OCGA §40-1-1 (75) to mean “every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.” This is a very broad definition as opposed to the more restrictive definition of, “motor vehicle,” found elsewhere in the Georgia statute.
“Motor Vehicle” is defined as, “every vehicle which is self-propelled other than an electric personal assistive mobility device.” Therefore, both “vehicle” and “motor vehicle” cover the following devices:
- Lawn Mowers
- Golf Carts
- Motorized Scooters (electric or gas)
- ATV/ Four Wheeler
But, as we saw earlier, the Georgia DUI statute applies to any moving vehicle and does not restrict itself to motor vehicle. As a result, we are left with a very broad definition which coulden compass a wide variety of devices one would not ordinarily associate with the offense of DUI. Take for example the following devices:
In summary, if you decide to have a drink or two, please consider the wide variety of devices that fall under the term, “vehicle,” so as to avoid an arrest for DUI. If you do find yourself arrested for DUI, call our office at 404-581-0999 and let experienced attorneys guide you through this process.
by Casey Cleaver
See Georgia Statute for full description