Here’s your criminal law tidbit! KNOW YOUR RIGHTS!!!
You know that you can get a DUI for driving a car drunk, but what else could you be ‘driving’ that could get you charged with Driving Under the Influence (“DUI”) if doing it while drunk? In Florida, you may be charged with a DUI if you are intoxicated and in physical control of a vehicle. Yet, Florida law has made the definition of vehicle very broad. Here is a list of some of the types of “vehicles” that Florida courts have determined are a vehicle of purposes of charging a person with a DUI:
- Bicycle (State v. Howard, 510 So. 2d 612, Fla. 3rd DCA 1987)
- Moped (Soto v. State, 711 So. 2d 1275, Fla. 4th DCA 1998)
- Go-Ped (State v. Riley, 698 So. 2d 374 (Fla. 2d DCA 1997)
Although there are no published appellate cases in Florida, here are some other “vehicles” that may lead to charges for DUI, if operating while intoxicated:
- Golf Carts
- Farm Tractors
- Motor-Driven Farming Equipment
- Motorized Wheelchairs
The above list has all been found sufficient to bring DUI charges in courts of other states.
There was also a case in Florida where a woman was arrested for a DUI for riding a horse while intoxicated. However, the Defendant ultimately prevailed in this case, but, that may not stop the police from making a similar arrest or a prosecutor from bringing charges in the future.
Cleverness is good sometimes, but don’t try to find a creative way to “drive” home after drinking. If you’ve been drinking, the best strategy is to get a ride. It is always much cheaper than getting a lawyer.