What Types of “Vehicles” Are Included for DUIs.
Most of us drive a car, van or truck in our daily lives. This is what we consider to be vehicle, and Georgia law agrees. However, there are many other vehicles that fall within the definition of for the purposes of Georgia DUI law.
Under Georgia Code, title 40, a “vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.” That includes any truck and motorcycle.
It also includes: tractor, truck tractor, taxi, cab, bus, school bus, limousine, semitrailer, all-terrain vehicle, ditch-digging apparatus, well-boring apparatus, asphalt spreaders, bituminous mixers, bucket loaders, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and drag lines, and self-propelled cranes and earthmoving equipment. With so many vehicles included in the definition, there are few transportation options not included under DUI law.
There is even a special provision for driving a school bus under the influence of drugs or alcohol. This applies to licensed school bus drivers. The penalties for a conviction under this portion of the code includes jail for a minimum of one year, up to 5 years, and a fine of up to $5,000.
Bicycling Under the Influence
Under Georgia law, a bicycle is defined as a vehicle. Although bike riders are not required to have a driver's license, traffic laws apply to bicycles, so riding a bike under the influence of alcohol could result in an arrest. Just like with a motor vehicle, if the police see a cyclist at night without lights on, they may question the rider, and notice the smell of alcohol. However, cyclists will not be penalized as harshly, because they are not subject to DUI penalties.
Boating Under the Influence
Georgia laws also make it illegal to operate a watercraft under the influence of alcohol or drugs. This is sometimes called a BUI, for “boating under the influence.” Any person navigating, steering, driving or being in physical control of the vessel, including a jet ski, surfboard, or water skis, is subject to the laws.
The per see legal limit for boating is the same as for driving, or 0.08 percent or above blood alcohol concentration (BAC). This is determined by chemical analysis of the blood, breath or urine sample. Like driving, a BAC of 0.05 percent to less than 0.08 does not create a presumption of intoxication, but can be considered to show that the operator was under the influence. Higher than 0.08 percent creates a presumption that the operator was under the influence of alcohol.
Atlanta DUI Lawyer
An experienced Atlanta DUI lawyer who has dedicated their career to defending clients charged with operating under the influence of alcohol will be able to defend a case no matter what vehicle was used. This includes investigation of the individual facts of the case, and develop a strategy to best defend their client.
If you or a loved one have been charged with driving under the influence, boating under the influence, or even biking under the influence, you deserve the knowledge and courtroom experience of a qualified DUI lawyer. Our skilled attorneys have been representing clients charged with driving under the influence of any kind of vehicle. Call us now to keep your driver's license, and your record clean.