No one wants to get a DUI, in fact some people have gone to great lengths to make sure they weren’t drinking and driving their own motor vehicle when they had a few too many drinks at a friend’s house, or their favorite watering hole.
Only problem is, some folks have gotten really creative and crafty about their means of transportation to and from their homes, all in the name of going to get a drink.
Unfortunately for them, Colorado’s DUI laws cover a lot of modes of operation or “vehicle(s).”
“But, Officer, My Horse Did It, Not Me!”
So, we recently studied one case where a Colorado Springs man set out on a 600-mile horse ride to Utah for a friend’s wedding. The rider was apprehended when a witness noticed he looked intoxicated. The witness stated he saw the man slumped over his horse and was allegedly hitting it. The rider claimed he was only swatting flies.
Police arrested the man for riding intoxicated. Additionally, he was charged with reckless endangerment charges, cruelty to animals (as he was also carrying a pug), and prohibited use of a firearm (as he was carrying a black powder revolver in his possession).
Unfortunately, some people take it upon themselves to believe that since they aren’t driving a car or some other form of motorized vehicle, they are doing the public a service and being safer. This isn’t necessarily the case. For instance, the man mentioned above was apparently harassing people and running them off the sidewalk with his horse.
Definition of Vehicle in Colorado
In Colorado, a motor is not necessarily a required condition for receiving a DUI charge. The DUI law in Colorado leave’s the manner of transport pretty vague by stating only “a misdemeanor for any person who is under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, to drive any vehicle in this state.”
Colorado’s DUI statute (42-4-1301) uses both terms “motor vehicle” and “vehicle” to define what a person’s mode of transport can be, so it also leaves the door open for a non-motorized vehicle as well.
Additionally, the definition of a “vehicle” in C.R.S. 42-1-102(112) is defined as:
“…a device that is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks. “Vehicle” includes, without limitation, a bicycle, electrical assisted bicycle, or EPAMD, but does not include a wheelchair, off-highway vehicle, snowmobile, farm tractor, or implement of husbandry designed primarily or exclusively for use and used in agricultural operations or any device moved exclusively over stationary rails or tracks or designed to move primarily through the air.”
What are Some of the Non-Car/Truck Vehicles People Can Still Ride to Get a DUI
Here are some of the other vehicles that you could use as a mode of transportation to get you to and from a bar, or wherever it is you have been drinking, and get charged with a DUI:
- Driving a horse drunk
- Driving a boat/jet ski drunk
- Driving a golf cart drunk
- Driving a motorized and possibly a non-motorized skateboard drunk
- Driving a Zamboni drunk
- Driving an electric personal assistive mobility device (EPAMD) (Segway, hoverboard, self-balancing/two-wheeled device, etc.)
- Driving a lawnmower
- Driving a snowmobile
- Riding a bicycle
- Flying a plane drunk
Contact a Colorado Springs DUI Lawyer at Kohn Law Firm
Have you been charged with a DUI while driving a golf cart, riding a horse, or some other means of travel in Colorado? If so, a Colorado Springs DUI lawyer at Kohn Law Firm has the experience and knowledge to build a strong defense case to help protect your rights and get you get the best outcome possible.
At Kohn Law Firm, we can work with you to help minimize the impacts of a DUI charge on you, your job, and your family. We’ll help you navigate the complexities of an intricate criminal justice system, and do everything in our ability to help you protect your future and freedom.
For a free, no-obligation consultation, call today at (719) 419-9667 or by emailing us using the contact form at the top of this page.