Arizona is known for having some of the strictest DUI laws in the country. The state’s zero tolerance policy also means that you should be aware of any odd laws that may surprisingly result in a DUI arrest. For example, can you get a DUI while riding a horse intoxicated? Is there a law against drinking and cycling? Or, does riding a motorized ice cooler while holding and drinking from an open beer against the law?
At Lerner and Rowe Law Group, we offer affordable legal representation for all types of DUI and other alcohol-related charges. We also have answers to some of the most frequently asked questions regarding weird Arizona DUI laws.
First, a Legal Definition of Motor Vehicles in Arizona
Before we go over weird DUI laws in Arizona, let’s go over how motorized vehicles are defined in the state of Arizona. Knowing the differences is an important step in preparing your defence against any driving while under the influence charges.
Here’s why: per ARS §28-1381, an operator of a motor vehicle that is impaired to the slightest degree by alcohol (blood alcohol concentration of 0.08% or higher for passenger vehicles OR 0.04% or higher for a commercial vehicle), drugs (any drug defined in section ARS §28-3001), or any combination of both has broken the law.
More specifically, if you were not operating a motor vehicle while under the influence of drugs or alcohol it could be argued that you should not be charged with a DUI.
However, since law enforcement agents are tasked with protecting public safety overall, you may not get a DUI, but instead be cited for public intoxication, drunk and disorderly conduct, disturbing public peace, underage drinking, having an open alcoholic container, and/or reckless endangerment. Basically, if your actions are harmful to others, you could be cited for unlawful behavior.
Legal definitions for motor vehicles in Arizona:
43. “Motor vehicle”:
(a) Means either:
(i) A self-propelled vehicle.
(i) A self-propelled vehicle.
(ii) For the purposes of the laws relating to the imposition of a tax on motor vehicle fuel, a vehicle that is operated on the highways of this state and that is propelled by the use of motor vehicle fuel.
(b) Does not include a personal delivery device, a personal mobile cargo carrying device, a motorized wheelchair, an electric personal assistive mobility device, an electric bicycle, an electric miniature scooter, an electric standup scooter or a motorized skateboard. For the purposes of this subdivision:
(i) “Motorized skateboard” means a self-propelled device that does not have handlebars and that has a motor, a deck on which a person may ride and at least two tandem wheels in contact with the ground.
(i) “Motorized skateboard” means a self-propelled device that does not have handlebars and that has a motor, a deck on which a person may ride and at least two tandem wheels in contact with the ground.
(ii) “Motorized wheelchair” means a self-propelled wheelchair that is used by a person for mobility.
45. Neighborhood electric vehicle” means a self-propelled electrically powered motor vehicle to which all of the following apply:
(a) The vehicle is emission free.
(b) The vehicle has at least four wheels in contact with the ground.
(c) The vehicle complies with the definition and standards for low-speed vehicles set forth in federal motor vehicle safety standard 500 and 49 Code of Federal Regulations sections 571.3(b) and 571.500, respectively.
Additional classifications pertaining to motor vehicles include how fast a ride can move. For example, if a ride is capable of a speed greater than 25 MPH, it would most likely qualify as a motor vehicle. This includes some electric scooters, electric bikes, golf carts, and other vehicles.
Answers to the Top 6 Strange Arizona DUI Law Questions
Q. Can you get a DUI while riding a bike in Arizona?
A. Maybe. You would not get a DUI for riding a bicycle while under the influence of alcohol, drugs, vapors, or another intoxicant if the bike was completely self-propelled. However, you could end up with a DUI charge if the bike was electric and had the ability to exceed 25 MPH.
Alternatively, you could be charged with a BUI (biking while under the influence), which is as equally illegal as driving a motor vehicle while under the influence. Why? Because in Arizona, a cyclist is “granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle” under ARS §28-812.
Q. Can you get an Arizona DUI while riding a horse?
A. No. Horses do not have motors—just horsepower. Therefore, you cannot get a DUI in Arizona riding a horse while intoxicated. Consequently, you could get cited for public intoxication and/or animal endangerment.
Q. Can you be charged with a DUI while riding an electric scooter?
A. It depends. Criminal defense attorneys will argue that you should not be charged, as e-scooters are basically skateboards equipped with a motor and t-bar. And, under Arizona law, an electric skateboard is not considered a motor vehicle.
Other attorneys will argue that an e-scooter is classified as a “motor vehicle” in Arizona.
It also depends on the city. In Scottsdale, new electric scooter DUI laws were put into effect on December 13th, 2018. Under municipal code 17-89.1. it is illegal to operate a stand-up electric mini-scooter while under the influence of alcohol or drugs.
These varying interpretations and city specific laws make it essential for you to work with an experienced DUI law firm that gets results. At Lerner and Rowe Law Group, we know the law and how to protect the rights of our clients.
Q. Can you get a DUI while on a golf cart?
A. It depends. If you were driving in a reckless manner with or without open containers in the golf cart that moved faster than 25 MPH, then yes—you could end up being charged with a DUI. On the flip side, if the cart you were driving could not exceed 25 MPH, then you may be cited for a lesser charge of public intoxication.
Q. Can you get a DUI riding a motorized ice cooler?
A. Yes. Technically, you can get a DUI for operating a motorized ice cooler IF the cooler exceeds legal speeds. This is because these types of coolers are usually mounted on four wheels, and have a battery to power steering—making them a “motor vehicle” under Arizona law.
Q. Can you be charged with a DUI while riding in an autonomous vehicle?
A. Yes. Under Arizona law, you can be charged with a DUI while riding in an autonomous vehicle set on auto pilot. This is because you had actual “physical control” of the vehicle. Basically, if you have the ability to get into a vehicle and ignite it into movement, then you can be charged with a DUI. It’s the same type of legal fine line that gets people arrested for passing out in their vehicle while trying to “sleep it off.”
Get in Touch with a Top Arizona DUI Defense Attorney
With all of the different ways to define a motor vehicle and the various city laws, it is within your best interest to contact an Arizona DUI defense attorney. Our team is on-call 24/7 to provide you with legal help when you need it most. We also offer free consultations and affordable payment plans. Don’t put your future in the hands of a public defender, contact us for a no-obligation discussion on how we can help you.
Call our Phoenix or Tucson offices directly, talk to a representative online now by using our LiveChat feature, or send us a message using our secure form.