I usage an electric wheelchair. ~ above leaving a bar, I notification I am pretty inebriated. Obviously i shouldn"t drive an automobile, and also I don"t. Yet what about my wheelchair? I know some jurisdictions will offer DUI"s for riding a bike while drunk. Execute I need to just sit still until I sober up?

I to be in NY, however I"d be interested in answer from any jurisdiction.

You are watching: Can you get a dui in a wheelchair


*

new-york-state

No.

New York"s DUI znjke.com forbids the operation of a motor auto when her "ability to run such motor auto is impaired through the usage of alcohol", but it specifies "motor vehicle" come exclude "electrically-driven mobility assistance tools operated or driven by a person with a disability."

If you room using a wheelchair because of a disability, friend are as such not topic to the DUI statute.


*

*

england-and-wales

NO

The drink connected offences are at sections 4 come 5A of the road Traffic act 1988 and also all need a person to it is in driving a mechanically moved vehicle.

However... An invalid carriage is expressly excluded through virtue of section 185(1)(c) of that Act and also section 20(1)(b) the the Chronically Sick and Disabled Persons action 1970:

...if the car <i.e. The invalid carriage> is mechanically propelled, it shall it is in treated because that the functions of the ... Roadway Traffic plot 1988 ... Together not gift a engine vehicle ...

Section 185 of the 1988 Act specifies an “invalid carriage” as:

... A mechanically propelled auto the weight of which unladen does not exceed 254 kilograms and which is particularly designed and constructed, and also not merely adapted, for the use of a person suffering from some physical defect or disability and also is used specifically by such a person


share
enhance this prize
follow
edited Sep 16 at 14:25
answered Sep 15 at 21:21
*

rock ApeRock Ape
12.7k55 yellow badges2626 silver badges7272 bronze badges
12
| present 7 much more comments
11
finland

Yes, if friend endanger others

In Finland, the traffic znjke.com (Finnish text) defines users that mobility assisting tools as pedestrians.

However, the criminal code (Finnish, or out-dated English translation), chapter 23, ar 9, specifies a crime called "Non-motor powered website traffic intoxication":

A roadway user that operates a non-motor powered automobile under the affect of alcohol or other narcotic substances, thereby leading to a peril to others, shall be sentenced because that non-motor powered traffic intoxication come a good or to imprisonment because that at many three months.

This is the crime that uses to e.g. Bicycles as well. The old variation doesn"t specify i beg your pardon vehicles counting here, yet the existing text is much more explicit, and likewise includes mobility assisting gadgets with at many a 1 kW engine and also 15 km/h max speed.

They vital part is "causing a hazard to others"; just being drunk shouldn"t it is in enough.


re-superstructure
enhance this price
monitor
edited Sep 16 in ~ 14:14
answered Sep 16 at 8:40
*

DronirDronir
21155 bronze title
3
include a comment |
9
Sweden

Probably not in Sweden. The transport agency says that

Trafikregler för rullstolsburna

Trafikreglerna för gående gäller

or in English

Traffic rules for wheelchairs

The traffic rules because that pedestrians apply

sweden


re-publishing
enhance this price
monitor
edited Sep 17 at 9:15
reply Sep 16 in ~ 8:06
RsfRsf
23111 silver badge44 bronze badges
6
| show 1 much more comment
8
new-south-wales

Yes

A wheelchair is a auto under the meaning in the Road web traffic Act. Further, an electrical wheelchair is a engine vehicle.

It is illegal to run either while over the legal border for alcohol or other drugs. The penalties are greater for a motor vehicle.

Police only have the right to provide a arbitrarily breath test if you space driving a engine vehicle. However, if friend are associated in one accident and hospitalised they can demand a blood test.


re-superstructure
improve this price
follow
answered Sep 15 in ~ 20:58
Dale M♦Dale M
130k1010 gold badges137137 silver badges233233 bronze title
8
| show 3 much more comments
4

Brazil

No traffic violation for being intoxicated, as it is not thought about a vehicle

Resolution 465/2013 the CONTRAN (National website traffic Council) specifies on its 2nd paragraph that self-propelled mobility devices are not taken into consideration equivalent come vehicles, allowing them to circulate in pedestrian and also bicycle courses as lengthy as they:

Are made come certain set of dimensions characterized by the neighborhood norm because that wheelchairsAre equipped v speedometer, bell or other noise creating device, and also lights (front, sides and also back)Keep a max speed of 6 km/h in pedestrian courses or 20 km/h in bicycle paths

You can, however, gain fined through jay...rolling (?) as defined in post 254 that the nationwide Code of Transit. Not that everyone bothers with enforcing that.


re-superstructure
improve this prize
follow
answer Sep 17 at 11:17
Juliana Karasawa SouzaJuliana Karasawa Souza
15577 bronze title
add a comment |
4
Israel

YES

In Israel an electrical wheelchair has actually a special an interpretation and it"s referred to as "Kalno-it" (a combination of eay and also move in Hebrew) and also those space the rule saying amongst other thing

(ב) לא ינהג אדם בקלנועית אלא אם כן מצבו הגופני והנפשי מאפשר לו להפעילה בבטחה.

See more: Blake Shelton And Miranda Break Up, Why Did Miranda Lambert And Blake Shelton Split

(B) A human being shall no drive a Klano-it unless his physical and also mental condition allows him to run it safely.

israel


share
boost this answer
follow
edited Sep 18 at 19:17
tyler
10322 bronze title
answer Sep 17 in ~ 9:15
RsfRsf
23111 silver- badge44 bronze title
add a comment |
3
france

NO

The an interpretation by the code de la route (road znjke.com) :

1° Le terme "véhicule à moteur" désigne tout véhicule terrestre pourvu d"un moteur de propulsion, y compris les trolleybus, et circulant sur course par ses moyens propres, à l"exception des véhicules qui se déplacent sur rails ;

(1) The hatchet "motor vehicle" method any land auto equipped v a propulsion engine, including trolleybuses, and also circulating on the road by its very own means, through the exception of vehicles that take trip on rails;

Article L110-1

But this is reversed through R311-1 suggest 6.15 i m sorry outlines which vehicles species are tied under the road code :

6.15. Engin de déplacement personnel motorisé : véhicule sans location assise, conçu et construit to water le déplacement d"une seule personne <...> Les engins exclusivement destinés aux personnes à mobilité réduite sont exclus de cette catégorie ;

6.15. Motorized personal mobility device: a vehicle without a seating area, designed and also constructed because that the motion of a solitary person <...> Vehicles intended specifically for persons with lessened mobility space excluded native this category;