When the police get calls about a drunk driver, I’m sure a certain picture comes to mind. I would bet that a drunk man in the middle of traffic on a motorized wheelchair is never the scenario that instantly comes to mind. However, this is the scene police happened upon recently. A 54-year-old man was arrested after wheeling his motorized wheelchair into traffic and causing a traffic jam. When police officers arrived, they found the man smelling of alcohol and slurring his words. He refused to take a breathalyzer and was immediately arrested for Driving Under the Influence. That’s right, even driving a wheelchair counts under this law.
Wheelchair Driving Under the Influence of Alcohol in Weld County
The Colorado law definition of Driving Under the Influence of Alcohol – C.R.S. 42-4-1301 – is:
This leads to the question: what actually constitutes a motor vehicle or vehicle? Well, under Colorado law, a motor vehicle means:
Vehicle is defined as:
This means under this definition, a bicycle or even a non- motorized wheelchair would count. Seriously?
Have you been charged with DUI or DWAI? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with DUI or DWAI? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
The man technically was operating a motor vehicle under the influence. But, I still see a real issue with this case. If the man solely relied on the wheelchair to be able to function, then is this really fair? I mean, if an able bodied man was drunk and chose to walk home instead of drive, we would say he made the right choice. But did the man from the story above have this choice? He obviously didn’t get into a car to drive home, but if he relied on his wheelchair to get around, wouldn’t it be similar to trying to walk home? That sounds a little like discrimination to me.
If you or someone you love has been charged with Driving Under the Influence or the lesser charge of Driving While Ability Impaired, be smart, exercise your right to remain silent, and call the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to get a free consultation. Together, we can protect your future.
Image Credit: Pixabay – kpgolfpro