North Carolina’s DWI Laws: Can You Get Charged on a Horse, Bicycle, or Even a Lawn Mower?

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Driving while intoxicated (DWI) is a serious offense in North Carolina (NC), and the consequences can be severe. Individuals charged with DWI can face hefty fines, probation, or even jail time. But what exactly counts as a vehicle in North Carolina when it comes to DWI laws?

While the answer seems simple for some modes of transport, like cars and motorcycles, it gets a little trickier when you consider bicycles, horses, or even wheelchairs. Let’s dive into what North Carolina law considers a “vehicle” and whether you can be charged with a DWI while on horseback or riding a bicycle.

Can You Get a DWI on a Horse in North Carolina?

A viral TikTok video featuring a man on horseback drinking a beer while riding around made a bold claim: “You cannot get a DUI on a horse in the state of North Carolina.” As strange as this may sound, the rider is correct. In North Carolina, you cannot be charged with a DWI while riding a horse. This is because horses are not classified as vehicles under the state’s DWI laws.

According to the Law Offices of J. Scott Smith, the law treats horses differently because they aren’t viewed as “vehicles” in the same way cars or motorcycles are. The reasoning is that horses are naturally more aware of their surroundings and instincts, so they are unlikely to act dangerously under the influence of a rider.

However, not every state follows the same rule. For example, in California, horses are considered vehicles. In one 2018 case, a man in Long Beach was arrested for riding his horse down the 91 Freeway while over the legal blood alcohol limit. So, while you may be safe on horseback in North Carolina, the same may not apply in other states.

Can You Get a DWI on a Bicycle in North Carolina?

While it may seem surprising, you can actually be charged with a DWI on a bicycle in North Carolina. Bicycles are classified as vehicles under the state’s law. According to N.C. General Statutes (NCGS 20-4.01 (49)), bicycles are considered vehicles, and anyone riding a bicycle on a public highway is subject to the same laws that apply to vehicle drivers.

The law is clear that bicycles are treated the same as other vehicles in most instances. So, if you’re riding a bike and drinking or riding under the influence, you could be arrested for DWI just like if you were in a car. However, the law does make an exception for devices like mobility scooters or wheelchairs, which aren’t classified as vehicles and are typically excluded from these rules.

It is important to note that while you can get a DWI on a bicycle in North Carolina, some conditions may apply. Bicycles and vehicles differ in terms of their safety regulations, and cyclists don’t have the same level of protection as drivers in cars. So, if you plan on drinking and riding your bike, remember that the same consequences can apply as when you’re driving a vehicle.

Can You Get a DWI if You’re Not Actually Driving in North Carolina?

Here’s something you might not know — it’s illegal to drink in your car if the car is running, even if you’re not driving. North Carolina law allows an officer to charge you with DWI if you’re sitting in the driver’s seat of your car with the engine running, even if you’re not actually driving.

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For example, imagine you’ve had a few drinks at a dinner with friends. On the way home, you realize you’re intoxicated, so you decide to pull over and sleep in your car in a parking lot. If your engine is on, even if you’re not driving, you can still be charged with DWI. The law sees you as being in control of the vehicle, and if you’re above the legal alcohol limit, you’re subject to the DWI charge.

Even if you never leave the parking lot, never put the car in motion, and just sit in the driver’s seat with the engine running, you’re still considered to be operating the vehicle. In such a scenario, an officer can charge you with DWI because you have the potential to drive.

What Else Counts as a Vehicle Under NC Law?

While cars, motorcycles, and bicycles are clear examples of vehicles, North Carolina law also includes some unusual methods of transport. For example, riding lawnmowers and golf carts are also considered vehicles. So, if you’re operating either of these while intoxicated, you can be charged with DWI.

There are also some exceptions, such as with certain mobility devices. Devices like scooters or wheelchairs used for personal mobility or by individuals with disabilities are excluded from the vehicle classification and therefore cannot be involved in DWI charges. But if a person uses a mobility device like a scooter for general transportation purposes, it may still be treated as a vehicle.

Why Are Bicycles and Other Devices Considered Vehicles?

It might seem a bit odd to think of bicycles as vehicles, but the law makes this classification because bicycles are used for transportation on public roads. Similar to cars, bicycles are operated by people who are subject to the same rules of the road. This includes obeying traffic signs, staying in the bike lane, and riding responsibly. If a cyclist behaves irresponsibly by drinking and riding, it can endanger others on the road, which is why DWI laws apply.

As for other devices, such as mobility aids or scooters, these aren’t seen as vehicles because their primary purpose is not transportation on roads but mobility assistance. The law aims to protect individuals with disabilities while balancing safety for other road users.

North Carolina’s DWI laws are clear in terms of what qualifies as a vehicle and what doesn’t. While you can’t get a DWI on horseback, you can be arrested for DWI while riding a bicycle. Additionally, the state takes a strict stance when it comes to drinking in your car, even if you’re not driving. So, whether you’re cycling through town or trying to take a nap in your parked car, it’s important to remember that North Carolina has specific rules about DWI that you need to follow. Stay safe, follow the law, and always choose a designated driver or alternate transport if you plan to drink.

Disclaimer – Our editorial team has thoroughly fact-checked this article to ensure its accuracy and eliminate any potential misinformation. We are dedicated to upholding the highest standards of integrity in our content.

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