One of the common elements to all drunk driving offense, whether it be a DUI or DWAI is it has to involve a vehicle. Whether one is intoxicated on alcohol or other drugs, you can't be convicted of drinking and driving without operating a vehicle. In most cases, your Denver DUI lawyer will not contest this element of the offense, since most people are pulled over when driving a car. As anybody can tell you a car is a vehicle. So that means you won't get much traction telling the judge that your 68 Thunderbird was not a vehicle. However, there are some cases where the issue of whether it was in fact a vehicle you were operating will make a difference.
In this case, there are two different definitions that matter. For the purpose of your driver's license, it must be a motor vehicle. That's because the Colorado DMV only cares about motor vehicles. So to save your license, your Denver DUI lawyer can argue to the Department of Revenue that you were actually driving something that was human powered, and thus not under DOR/DMV jurisdiction. A motor vehicle under the DMV regulations is otherwise pretty broad. It includes tractors operated on the highways, and scooters. For the purpose of driver's license proceedings and suspensions, then, a bicycle is not a motor vehicle. So you can't have your license suspended for drunk "driving" a bike or other human powered vehicle. You also can't have your license suspended if you refuse a breath test when driving a bike or other human powered (like a pedi-cab I suppose).
On the other hand, the definition is somewhat different for the criminal charges. In those cases, a bike can be a vehicle. So you can be convicted of DUI or DWAI for drunkenly operating a bicycle, but can't have your license taken away.
I really enjoy while I read your blogs and articles.
ReplyDeleteBenjamin Yu dwi attorney