# Can you get a DUI in a wheelchair? **URL:** \ **Category:** Factual Questions\ **Created:** [February 19, 2011, 5:57pm UTC](https://boards.straightdope.com/t/can-you-get-a-dui-in-a-wheelchair/571925 "2011-02-19T17:57:31Z")\ **Posts on this page:** 13\ **Page:** 1
**Author:** ![Rex\_Goliath](https://avatars.discourse-cdn.com/v4/letter/r/bcef8e/32.png) [@Rex\_Goliath](https://boards.straightdope.com/u/Rex_Goliath)\ **Post date:** [February 19, 2011, 5:57pm UTC](https://boards.straightdope.com/t/can-you-get-a-dui-in-a-wheelchair/571925/1 "2011-02-19T17:57:31Z")
If not a regular wheelchair, how about an electric one? ---
**Author:** ![yabob](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/yabob/32/2821_2.png) [@yabob](https://boards.straightdope.com/u/yabob)\ **Post date:** [February 19, 2011, 6:02pm UTC](https://boards.straightdope.com/t/can-you-get-a-dui-in-a-wheelchair/571925/2 "2011-02-19T18:02:02Z")
More likely, you can get charged with public intoxication. ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [February 19, 2011, 6:31pm UTC](https://boards.straightdope.com/t/can-you-get-a-dui-in-a-wheelchair/571925/3 "2011-02-19T18:31:06Z")
> [@yabob](#): > > More likely, you can get charged with public intoxication. Some states (like Wisconsin) do not have public intoxication laws. There are 50 different answers to this as each state has different laws that define what a “motor vehicle” is. In some states you can get a DUI on a horse or a bicycle, in some states you can’t. So the OP would need to specify what state they’re talking about. I arrested a guy once on OWI for driving a gas powered golf cart down the sidewalk while drunk. Except for the PC hearing I never got called to testify at any trial so I don’t know what happened to it. He either plead guilty or the case got kicked. Not too real long ago in Milwaukee a man was arrested for DUI for riding one of those electric scooters (the kind you see old people and fat folks riding around on in the grocery store) down the interstate while he was baked. The charge stuck. ---
**Author:** ![engineer\_comp\_geek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/engineer_comp_geek/32/504_2.png) [@engineer\_comp\_geek](https://boards.straightdope.com/u/engineer_comp_geek)\ **Post date:** [February 19, 2011, 8:00pm UTC](https://boards.straightdope.com/t/can-you-get-a-dui-in-a-wheelchair/571925/4 "2011-02-19T20:00:51Z")
I remembered a news story about a man getting a DUI in a wheelchair, and when I went searching for it just now I found several others. There’s this one from GA: [http://moultrieobserver.com/local/x652351588/Wheelchair-driver-faces-DUI-charge](http://moultrieobserver.com/local/x652351588/Wheelchair-driver-faces-DUI-charge) There’s this one from 2004 that mentions that the woman was challenging the law that the charge was based on (I don’t know how the challenge turned out): > **[Understanding the Effects of Different BAC Levels](https://www.verywellmind.com/blood-alcohol-content-62695)** > > Blood alcohol concentration (BAC) levels are a measure of how much alcohol is in a person’s blood. Learn about BAC levels and the effects that they have. This one is from Milwaukee: [http://www.todaystmj4.com/news/local/59230872.html](http://www.todaystmj4.com/news/local/59230872.html) It’s not just restricted to America either. Here’s one from Australia: [http://www.reuters.com/article/2008/06/23/us-wheelchair-idUSEIC36032520080623](http://www.reuters.com/article/2008/06/23/us-wheelchair-idUSEIC36032520080623) And one from Germany: [http://www.reuters.com/article/2007/05/22/us-germany-wheelchair-idUSL2233116920070522](http://www.reuters.com/article/2007/05/22/us-germany-wheelchair-idUSL2233116920070522) And there are many, many more. ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [February 20, 2011, 11:10am UTC](https://boards.straightdope.com/t/can-you-get-a-dui-in-a-wheelchair/571925/5 "2011-02-20T11:10:47Z")
Like Pkbites said, it depends on the specific jurisdiction, and their legal definition of a ‘vehicle’. In many places, you get charged either way. - If it’s a vehicle, you are charged with operating while under the influence. - If it’s not a vehicle, you are charged with being on the highway with an unapproved, unlicensed conveyance. (And probably also public intoxication.) ---
**Author:** ![don\_t\_ask](https://avatars.discourse-cdn.com/v4/letter/d/e68b1a/32.png) [@don\_t\_ask](https://boards.straightdope.com/u/don_t_ask)\ **Post date:** [February 20, 2011, 11:15am UTC](https://boards.straightdope.com/t/can-you-get-a-dui-in-a-wheelchair/571925/6 "2011-02-20T11:15:38Z")
Where I am you can be charged with the equivalent on a bicycle, on a horse, on any form of transport. ---
**Author:** ![MeanOldLady](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/meanoldlady/32/10737_2.png) [@MeanOldLady](https://boards.straightdope.com/u/MeanOldLady)\ **Post date:** [February 20, 2011, 3:35pm UTC](https://boards.straightdope.com/t/can-you-get-a-dui-in-a-wheelchair/571925/7 "2011-02-20T15:35:52Z")
There was a story around my parts about a man being arrested for DUI while operating a motorized chair that he built. I’d search for it, but considering **eng comp geek** ’s examples are exactly what you were asking abut, and not approximations to which the same concepts should apply, I’ll refrain. ---
**Author:** ![Rysdad](https://avatars.discourse-cdn.com/v4/letter/r/7cd45c/32.png) [@Rysdad](https://boards.straightdope.com/u/Rysdad)\ **Post date:** [February 20, 2011, 10:38pm UTC](https://boards.straightdope.com/t/can-you-get-a-dui-in-a-wheelchair/571925/8 "2011-02-20T22:38:36Z")
> [@don\_t\_ask](#): > > Where I am you can be charged with the equivalent on a bicycle, on a horse, on any form of transport. I asked a cop specifically, and he said (in Minnesota), if it’s propelled by any kind of motor, then, yes, you could get a DWI. If not, then no. (I’m sure they could find something legal-wise to get you off the streets, though, if they wanted to.) ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [February 21, 2011, 5:21am UTC](https://boards.straightdope.com/t/can-you-get-a-dui-in-a-wheelchair/571925/9 "2011-02-21T05:21:25Z")
An earlier thread that may be of interest: [DUI in wheelchair? - Factual Questions - Straight Dope Message Board](http://boards.straightdope.com/sdmb/showthread.php?t=524862) ---
**Author:** ![Superhal](https://avatars.discourse-cdn.com/v4/letter/s/b4bc9f/32.png) [@Superhal](https://boards.straightdope.com/u/Superhal)\ **Post date:** [February 21, 2011, 6:02am UTC](https://boards.straightdope.com/t/can-you-get-a-dui-in-a-wheelchair/571925/10 "2011-02-21T06:02:33Z")
I know somebody who got a DUI ticket on a bicycle. ---
**Author:** ![Rex\_Goliath](https://avatars.discourse-cdn.com/v4/letter/r/bcef8e/32.png) [@Rex\_Goliath](https://boards.straightdope.com/u/Rex_Goliath)\ **Post date:** [February 21, 2011, 7:19am UTC](https://boards.straightdope.com/t/can-you-get-a-dui-in-a-wheelchair/571925/11 "2011-02-21T07:19:14Z")
I had a strong feeling that one could get a DUI, but thought there might be some interesting twist since the disabled are sometimes entitled to special protections. Alas, the law is blind. ---
**Author:** ![Moirai](https://avatars.discourse-cdn.com/v4/letter/m/96bed5/32.png) [@Moirai](https://boards.straightdope.com/u/Moirai)\ **Post date:** [February 21, 2011, 6:18pm UTC](https://boards.straightdope.com/t/can-you-get-a-dui-in-a-wheelchair/571925/12 "2011-02-21T18:18:11Z")
> [@Rex\_Goliath](#): > > I had a strong feeling that one could get a DUI, but thought there might be some interesting twist since the disabled are sometimes entitled to special protections. Alas, the law is blind. Like DUI? Not likely. :dubious: ---
**Author:** ![Superhal](https://avatars.discourse-cdn.com/v4/letter/s/b4bc9f/32.png) [@Superhal](https://boards.straightdope.com/u/Superhal)\ **Post date:** [February 21, 2011, 6:28pm UTC](https://boards.straightdope.com/t/can-you-get-a-dui-in-a-wheelchair/571925/13 "2011-02-21T18:28:50Z")
> [@Rex\_Goliath](#): > > I had a strong feeling that one could get a DUI, but thought there might be some interesting twist since the disabled are sometimes entitled to special protections. Alas, the law is blind. You don’t have to be disabled to ride a wheelchair. Imho, I think this is going to be one of those “policeman’s discretion” type things. If, for example, a drunk in a wheelchair is annoying the owner of the bar, they could use it just to have a pretext to arrest the person.