Can you get a DUI in a wheelchair?

Yes, you can get a DUI (Driving Under the Influence) while driving a wheelchair under certain circumstances in the US. The specific laws vary by jurisdiction, but if someone operating a wheelchair is impaired by alcohol or drugs and does not have enough control, they may be subject to DUI charges.

I know this sounds bizarre, and it’s not common, but I promise it’s true.

In fact, a disabled 44-year-old man from Ohio was spotted moving erratically on the road near his home in 2014. He got an OVI (operating a vehicle under the influence) and was given a lift to his house.

So, prepare to have your misconceptions challenged and your understanding of impaired mobility clarified as I explore whether you can get a DUI in a wheelchair.

Later, I’ll share 3 things you need to know about wheelchair DUIs. We’ll even discover if you can get a DUI for driving a mobility scooter while drunk in the UK.  First, though, let’s define a DUI and talk about whether a wheelchair is classed as a vehicle.

What are DUI laws?

DUI laws are designed to ensure road safety and discourage impaired driving. They typically involve operating a motor vehicle while drunk or otherwise impaired through drug use. The specifics may vary according to jurisdiction, but the underlying principles of DUI laws are consistent.

Is a wheelchair a vehicle?

We all know wheelchairs can be manual or motorized or a mobility scooter, right? Electric, rechargeable batteries are often used to power motorized wheelchairs. That being so, can motorized wheelchairs, mobility scooters, or even manual wheelchairs be considered vehicles?

In the UK, mobility scooters are considered mechanically propelled vehicles and are not classed as motor vehicles. Wheelchairs fall into two categories.

• A Class 2 ‘invalid carriage’ – is a motorized wheelchair that isn’t road-legal unless there is no sidewalk. They have a max speed of 4mph.
• A Class 3 ‘invalid carriage’ – is a motorized wheelchair or scooter that can legally be used on the road and have a maximum speed of 8nph. You need to register these with the DVLA, and a weight limit and other rules apply, but you don’t need a driver’s license to operate one.

Surprisingly, there is no nationwide answer to this in the US, because states have their own rules on this. However, in general, a manual wheelchair is not classed as a vehicle, unless that specific type of wheelchair has been the subject of Court arguments and has since been considered a vehicle.

Things get a bit trickier when it comes to power chairs. Depending on which state you live in the law may exclude personal assistive mobility devices powered by electricity from being classed as vehicles.

This is not the case in all states. In Michigan, for example, there’s a broader definition of what a vehicle is covered in insurance law.

States with a wider definition of vehicles also class mobility scooters as vehicles, so you may be subject to DUI laws if you’re found drunk and in charge.

It’s time to find out what you need to know about wheelchair DUIs.

You don’t need to be driving a car to get a DUI.

What you need to know about wheelchair DUIs

Here are some useful things to know about DUIs.

1. You don’t need to be driving a car to get a DUI.

• You can get one if you’re found to be drunk in charge of a boat, or impaired by other drugs.
• California has come down hard on drunk cyclists, handing out DUIs to people found to be under the influence. You can even get slapped with a DUI if you’re on a horse while drunk, so riders beware.
• In all non-car related DUIs if someone is found to be over the limit and operating something that’s moving, even if that thing happens to be an animal, this penalty could be issued. That remains true even if you ‘park’ your vehicle (or horse, presumably) and are spotted when you’re sleeping it off.

2. The Ohio wheelchair incident wasn’t the first such case.

• Raymond Kulma got slapped with his 7^th DUI in June 2012 after operating a stolen power chair while drunk.
• A woman of 63 got a DUI the previous year after being found riding in a motorized wheelchair around a mobile home park.
• Many states, including Pennsylvania, have broad definitions of driving under the influence. In any state where this is the case, you can get issued a DUI if you’re physically in control of a vehicle when you’re too impaired by drugs or alcohol to do so safely. This includes a wheelchair — and it doesn’t even have to be motorized.

3. Wheelchair DUIs aren’t really discriminatory.

• It might seem unfair that those of us who rely on wheelchairs could get a DUI and be breaking the law by just making our way home from the bar, while others can legally stumble home, am I right?
• Luckily, The Americans with Disabilities Act exists to stop government discrimination based on disability, and wheelchair DUIs might qualify, if they are seen as an example of unequal treatment.
• It’s still better to avoid being in control of a wheelchair when you’re drunk if you don’t want to get a wheelchair DUI.

Can you get done for drink driving a mobility scooter in the UK?

No, because mobility scooters are not considered to be motorized vehicles. This means that provided the scooter meets the necessary legal requirements, including the weight and speed limits, it cannot be subject to traditional drink-driving rules. It’s thought inappropriate to stop somebody on a mobility scooter and breathalyze them.

I should say, even though you won’t be in danger of getting a DUI in the UK, it’s never a good idea to operate a wheelchair or mobility scooter whilst inebriated or otherwise impaired.

Better not party too hard then, I suppose.

Summary: Can you get a DUI in a wheelchair?

While the answer to the question “Can you get a DUI in a wheelchair?” is dependent on jurisdictional variations, it’s important to stay up to date on the local laws and regulations surrounding driving. Always put safety first, act responsibly, and make sensible decisions when operating any form of wheelchair, power chair, or scooter. Remember, the primary goal is to ensure your well-being and the safety of those around you.

If in doubt, be sensible and assume that you might well get slapped with a DUI if you’re found to be impaired and not operating your chair or scooter safely.