What Qualifies as a Vehicle Under N.C. DWI Laws? Surprising Answers

Driving While Intoxicated (DWI) is a serious charge in North Carolina, leading to fines, probation, or even jail time. But what exactly qualifies as a “vehicle” under North Carolina law? From cars to horses and bicycles, here’s a detailed look at what counts and what doesn’t.

Horses and DWIs in North Carolina

A viral TikTok video featured a man on horseback with an open beer, confidently stating that you can’t get a DWI on a horse in North Carolina. Surprisingly, he was correct. Under North Carolina law, horses are not considered vehicles, making it impossible to be charged with a DWI while riding one.

According to the Law Offices of J. Scott Smith, the logic might be that horses are intelligent enough not to endanger themselves at the command of an impaired rider. However, this is not the case in all states. In California, for instance, horses are legally classified as vehicles, and people can be charged with a DWI while riding one. In 2018, a Long Beach man was arrested for riding a horse down the 91 Freeway while at twice the legal blood alcohol limit.

Bicycles and DWIs in North Carolina

Unlike horses, bicycles are classified as vehicles under North Carolina General Statutes (NCGS) 20-4.01(49). This means you can be charged with a DWI while riding a bicycle if you’re above the legal blood alcohol limit of 0.08.

The law states that bicycles are subject to the same rules as motor vehicles when ridden on a highway, except for rules that don’t logically apply. Therefore, biking under the influence is treated similarly to driving under the influence.

Mobility Devices and DWIs

North Carolina law does not classify mobility devices as vehicles. Devices designed for people with mobility impairments, which are limited to 15 mph and suitable for both indoor and outdoor use, are excluded from the definition of vehicles. As a result, you cannot be charged with a DWI while using such devices.

Unusual Vehicles and DWI Charges

Other unconventional methods of transportation, like riding lawnmowers, are considered vehicles under North Carolina law. This means operating a riding lawnmower while intoxicated could lead to a DWI conviction. Golf carts and four-wheelers also fall under the vehicle classification.

Can You Get a DWI Without Driving?

Interestingly, you can be charged with a DWI in North Carolina even if the vehicle isn’t in motion. For example, if you’re intoxicated and decide to sleep in your parked car with the engine running, you could still face a DWI charge. This applies even if you never leave the parking lot. Being in the driver’s seat of a car with the engine on is sufficient for an officer to issue a DWI charge.

Conclusion

North Carolina’s DWI laws cover a broad spectrum of situations and vehicles. While horseback riders are exempt, cyclists and riding lawnmower operators are not. Furthermore, simply being in a parked car with the engine running while intoxicated can lead to a DWI charge.

Understanding these nuances is crucial for avoiding legal trouble and staying safe. If in doubt, it’s always best to avoid operating any form of transportation after drinking.

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.

About The Author