DUI Laws that Apply to Alternative Means of Transportation

Arizona DUI Laws that Apply to Means of Transportation Other than Motor Vehicles

Arizona laws are pretty much clear when it comes to the consumption of alcohol or illicit drugs before operating a motor vehicle like a car or a truck. How about the use of other means of transportation? Are there state regulations and DUI laws that apply to the alternatives of motor vehicles?

Bike Riding and DUIs in Arizona

People who ride bikes under the influence cannot get a standard DUI in Arizona. There is, however, one exception and it applies to motorized bikes.

Motorized bikes (also known as whizzers) are subjected to the same laws as cars, trucks, vans, and motorcycles.

Things are a bit ambiguous when it comes to bike riding but a look at the Arizona Revised Statutes sheds some light on the situation. According to Arizona Revised Statutes 28-812, bicyclists have the same rights and responsibilities as all other participants in traffic. This means that they’ll be treated the same way as vehicle operators.

Arizona Revised Statutes 28-1381, however, produces some clarity in terms of DUI charges. According to the section, a person can be charged with DUI if they are driving a vehicle under the influence. Thus, a bicyclist may be pulled over because of irresponsible driving but they can’t lose a license because of being intoxicated.

There could be some administrative punishments for bikers who have consumed alcohol or taken drugs. Such individuals potentially jeopardize the life and well-being of others. Things are a bit tricky because some statutes speak of motorized vehicles and others mention solely vehicles. Thus, the situation will sometimes be left to interpretation. If you ever get charged with DUI while biking, you’ll need to call an experienced lawyer who has intimate knowledge of Arizona DUI laws.

Boating Under the Influence

Boating laws in Arizona also have to be examined when it comes to using certain means of transportation under the influence.

Operating under the influence (OUI) is a serious offense that’s defined in Title 5 of the Arizona Revised Statutes (Amusement and Sports). Just like the operation of a vehicle under the influence, boating can jeopardize the lives of others. As a result, Arizona has serious sanctions for such behavior.

An OUI will typically result from the operation or the actual physical control of a motorized watercraft like a boat or a yacht. The BAC limit is 0.08 percent for people who operate recreational motorized watercraft and 0.04 percent for the operators of commercial watercraft.

Depending on the circumstances, the operator may also be charged with aggravated OUI. Such charges will be applicable in several situations:

  • When the blood alcohol content exceeds 0.15 percent
  • When a person commits an OUI for the third time over the course of 84 months
  • If there’s a watercraft passenger under the age of 18

Super extreme OUI charges will apply to individuals who operate a motorized watercraft with a BAC of 0.20 or more.

A first OUI offense is considered a misdemeanor. A second offense is also a misdemeanor but the jail times and the fines will be higher than those for first-time offenders. Aggravated and super-extreme OUI charges can lead to a felony conviction.

Off-Road Vehicles and ATVs

Many people consider ATVs and other off-road vehicles (OHVs) to be less dangerous than cars and trucks. Thus, they don’t believe that DUI regulations apply to those.

In Arizona, DUI laws applicable to the operators of motorized vehicles will also apply to those who drive or physically control OHVs. The conditions and penalties for such operators are outlined in Arizona Revised Statutes 28-1381.

Even when people are doing off-road driving, they can still be charged with DUI.

Another important thing to keep in mind is that individuals who have been charged with DUI when driving a car and who have gotten an order for the installation of an ignition interlock device (IID), cannot operate an ATV that doesn’t have an IID. The restriction applies to all kinds of vehicles that a person intends to operate and Arizona is particularly strict about the implementation of such measures.

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