You don't have to be in a car to get a DUI. This is because the state laws on DUIs often allow police to apprehended and arrest anyone who is operating a wheeled or motorized vehicle while under the influence of alcohol. State laws often reason that anyone operating any vehicle while intoxicated could be a threat to the public safety. As a result, whether you are in a wheelchair, in a boat or even on a horse, you may be charged with a DUI if you are caught with a BAC over 0.08%.

An individual on Ohio was arrested for swerving his motorized wheelchair on the road about a mile from his house. The individual was charged with a misdemeanor OVI (operating a vehicle under the influence) as a result of the offense. While this may sound unreasonable, the police determined that the man was in no condition to be operating his motorized wheelchair and he could have severely injured a pedestrian on the road.

Interestingly enough, this recent arrest wasn't an isolated incident. Specifically in Ohio, where the police can arrest individuals for an OVI instead of a DUI, wheelchair OVI arrests are quite common. There have been many reports over the years of individuals riding these motorized wheelchairs along the roads and getting pulled over. While this is a more common occurrence in Ohio because of their broad OVI definition, it can also occur in other states.

In Ohio, "driving" can mean operating any sort of vehicle with a motor, or even riding a horse while intoxicated. Individuals can be arrested for operating a boat while intoxicated in almost every state, and many police departments will pull over any cyclists that are riding their bikes while intoxicated.

The American Disabilities Act prevents government discrimination based on disability, so individuals who face a wheelchair DUI may be able to argue that they have been discriminated against. While you may want to hire a civil rights attorney if you are facing this situation, it is often wisest to just avoid riding on wheelchairs while intoxicated altogether.

If you want to talk with a DUI lawyer about an OVI, DWI, or DUI charge, use this directory. We can help you to locate and aggressive, effective, proactive and successful attorney in your area and get the assistance that you deserve. Don't hesitate to call the firm right away to learn more!