Driving under the influence is a fairly serious crime that can not only be dangerous to yourself and those around you but can also result in criminal charges and even jail time. Everyone knows that driving a car while intoxicated can lead to a DUI arrest, but there are several other ways one can be charged with a DUI that you may not realize.
Here are three ways you can be charged with a DUI that you may have overlooked:
1. Sleeping In Your Parked Car
Maybe you’ve had a few too many drinks, and you know driving isn’t a good idea. Did you know that simply napping in your parked car while impaired can potentially lead to a DUI arrest? The possibility of this type of DUI comes down to the placement of your car keys, and if it looks like you had intention to drive while intoxicated.
If the keys are in the ignition, there’s a high chance that you can be charged with a DUI. If sleeping in your car is the only option, then it’s better to have your keys far out of your reach in the truck, on top of the car, or even in the glove box as you nap in the backseat. This way if law enforcement does appear with questions, it can be argued that you had no intentions of operating the vehicle.
2. Operating a Motorized Wheelchair Under the Influence
They may not go fast, but a motorized wheelchair can still be the cause of a DUI if you’re impaired while operating it. Just ask Florida man, Ronny Scott Hicks, who was arrested for a DUI in 2015 when he was stopped while blocking multiple lanes of traffic while crossing a bridge late one night in his wheelchair. If you’re highly intoxicated, try to stay off moving vehicles – even ones that only move 3mph.
3. Riding a Horse Under the Influence
Horseback riding while under the influence is also frowned upon, as a woman from Lakeland learned in November of 2017 when she was stopped on a busy highway while intoxicated. Police said they received a call from passersby who thought the woman looked confused and lost.
While some can argue that a horse isn’t a motorized vehicle, it’s still something those who are under the influence should stay away from as you can definitely be stopped and detained. There’s also the chance of an animal cruelty charge in these cases.
DUI Laws in Florida
In Florida the blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood is considered above the legal limit. If you are stopped by law enforcement while over that limit, you will be arrested for a DUI, even if you’re not driving under the influence in a traditional car. Florida law considers a motorized vehicle to be, “Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except personal delivery devices and devices used exclusively upon stationary rails or tracks.”
A good rule of thumb is to not be in control of anything that has wheels or can transport you from one place to another while intoxicated beyond Florida’s legal limits. If you or someone you know is arrested for a DUI, it’s best to seek the legal counsel of an experienced criminal defense attorney to help you navigate the situation. Give Russell Spatz a call at (305) 442-0200 today to see how he can help you with your case.
Florida Man Charged With DUI in His Motorized Wheelchair. (n.d.). Retrieved from https://www.nbcnews.com/news/us-news/florida-man-charged-dui-his-motorized-wheelchair-n444701
(2019, April 26). Retrieved from http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.003.html
FOX13news. (n.d.). Florida woman arrested for DUI while riding a horse. Retrieved from http://www.fox13news.com/news/local-news/florida-woman-arrested-for-dui-while-riding-a-horse