Is driving my motorized wheelchair while intoxicated illegal?

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Is driving my motorized wheelchair while intoxicated illegal?

Asked on May 29, 2012 under Criminal Law, North Carolina

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

In most states, you are not to operate a "motor vehicle" while intoxicated. The issue is whether or not a motorized wheelchair is considered a "motor vehicle". In the past, off road dirt bikes, ATV's, and motor scooters have all been considered motor vehicles for the purposes of the DUI statues. Assuming you have been cited for DUI while utilizing your motor vehicle, then you would want to have your attorney challenge the statue to determine if your wheelchair meets the elements of a DUI. If you have not been cited for a DUI, then my advice is to still find out if a motorized wheelchair is considered a motor vehicle to avoid being cited for a DUI if it is.


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