Do You Have to be in a Car or on a Motorcycle to Get a DUI in Georgia?

Posted by Richard Lawson | Oct 23, 2016 | 0 Comments

We receive calls from people arrested for driving under the influence every day. Many of our callers have misconceptions about whether Georgia DUI Law applies to their situation.  As a result, many are surprised they were arrested.

A common misconception is that you can only receive a DUI if you are driving an automobile or a motorcycle.   It is a common mistake that can lead a person a normally law-abiding person into legal trouble.  Georgia law has a broad (some would say overly broad) definition as to the term "motor vehicle."   

How Georgia DUI Law defines a motor vehicle:

O.C.G.A § 40-6-391 defines states that “[a] person shall not drive or be in actual physical control of any moving vehicle while being under the influence of alcohol to the extent that it is less safe to drive."

The question is, what is a moving vehicle?

Any vehicle that can be operated on our roadways and highways is included in the definition of a moving vehicle. Additionally, the term moving vehicle includes off-road vehicles. An off-road vehicle is any motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain and not intended for use predominantly on public roads.  O.C.G.A § 40-7-3. Examples include, but are not limited to: 

  1. Four-Wheelers
  2. Segways
  3. Amphibious Machines
  4. Tractors
  5. Golf Carts
  6. Lawn Mowers
  7. Snow Blowers
  8. Electric Wheelchairs

Here are a few examples that are not included under the Georgia DUI Statute:

  1. Pedal Bicycle
  2. Skateboard 
  3. Roller Skates
  4. Non-Motorized wheelchairs

Avoiding a DUI While Operating Motorized Vehicles in Georgia:

To be safe, do not operate a motor vehicle or any machine after consuming alcohol.  Remember, Georgia has a broad definition of motor vehicles that essentially includes any devices that are powered by an internal combustion engine or electricity.  Do not risk arrest.  Call one of our Georgia DUI Lawyers today if you have been arrested for a DUI.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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Georgia DUI Defense Attorneys

At the Law Office of Richard S. Lawson, we have offices conveniently located throughout metro Atlanta and throughout Georgia. If we do not have a convenient office, we will come to you. We practice throughout Metro Atlanta and North Georgia. If your case is in an area we do not serve, we will find you an attorney in your area free of charge. Our office is part of a State-wide network of Georgia DUI Lawyers. Contact us 24/7 for immediate legal help. Our attorneys are standing by. Your DUI Case will not defend itself. Your Best Georgia DUI Defense Begins Here!