Most Rochester drivers arrested for DWI are operating cars, trucks or similar machines.
All of New York’s anti-drinking and driving offenses – including Driving While Intoxicated, Driving With a Blood Alcohol Content of .08% or Greater, Driving While Ability Impaired by Alcohol, and Aggravated Driving While Intoxicated – specifically apply only to the operation of a “motor vehicle.”
New York State defines a “motor vehicle” as “[e]very vehicle operated or driven upon a public highway which is propelled by any power other than muscular power….”
The term “vehicle” is defined as a device used to transport a person or property on a public highway, except devices moved by human power or move along stationary rail or tracks.
Based on these definitions, New York’s DWI laws apply only to cars, vans, trucks and similar machines.
They do not apply to devices such as bicycles (which are propelled by human power and therefore do not fit the New York State definition of a vehicle), nor do they apply, for example, to carts or wagons pulled by animals or people riding horses (both of which are propelled by muscular power and do not fit the legal definition of motor vehicle).
Thus, while it would certainly be bad judgment to ride a bike or a horse in the road after having consumed an excessive amount of alcohol, New York’s DWI laws do not specifically bar such behavior.
If you have been arrested for Driving While Intoxicated, we are experienced DWI lawyers who can help you with your case.
Please call us at 585-484-7432.