Men or women who are intoxicated whilst operating aircraft or watercraft are susceptible to being prosecuted for manoeuvreing a vehicle while under the influence of alcohol or drugs (DUI) or driving while intoxicated (DWI). State laws vary on precisely how those offenses are covered.

Definition of “Vehicle”

Normally, the types of vehicles involved in arrests for DUI or DWI are cars,18 wheelers, and motorcycles. The states’ DUI/DWI laws cover the driving of these types of vehicles, either by statutes or through judges’ decisions. Where a state’s legislature has failed to specify what it intends to include in the category of ”vehicle,” the term can be broadly interpreted.

Under the Uniform Vehicle Code, a person commits a DUI offense by driving or being in actual physical control of ”any vehicle” while under the influence. While each state’s statute uses some variation of the term ”vehicle” or ”motor vehicle,” leaving the definition of the term up to interpretation by the judges, some states have used more specific language. Often, the language varies from state to state to include other methods of transportation such as watercraft, aircraft, or all-terrain vehicles.

Alaska’s broad statute, for example, features ”a motor vehicle or an aircraft or a watercraft.” Georgia’s statute features the vague term ”any moving vehicle.” Ohio’s statute pertains to ”any vehicle, streetcar, or trackless trolley.” Virginia’s statute is true of ”any motor vehicle, engine or train.” Delaware clearly specifies that its statute is applicable to ”any vehicle,” ”any off-highway vehicle” or ”any moped.” Louisiana’s statute includes ”any motor vehicle, aircraft, watercraft, vessel or other means of conveyance.”

Some state legislatures have plainly restrained the vehicles covered by the statute by exclusively defining terms. For example, Virginia’s statute defines ”motor vehicle” to encompass mopeds (pedal bicycles with helper motors), while Vermont’s statute defines ”vehicle” to encompass snowmobiles. In other cases, you must look beyond the express statutory language to decide what means of vehicles the state legislature intended to include.

You or your attorney should check with the history of the statute, the language of the statute and judicial decisions to find the planned range of the statutes. Occasionally, courts in the same jurisdiction reach conflicting results. For instance, the Texas Court of Appeals has held that the term ”automobile” may incorporate a motorcycle, but that ”motor vehicle” doesn’t contain a motorboat.

You also should look at other laws to check the full scope of coverage supposed under the DUI statute. Some states have enacted specific legislation regarding the use of recreational vehicles and other motorized transportation that may affect the drunk driving law. Iowa’s statutes, for example, cover flying, boating, surfboarding, and waterskiing while intoxicated.

These laws show that DUI/DWI violations are not limited to public highways. In certain states, a person may be found guilty of DUI or DWI while riding on private property.

Field Sobriety Tests for BUI

Boating under the influence of alcohol (BUI) is a significant contributing factor to sailing accidents, including drowning cases. To assist with enforcement of the BUI laws, a series of sobriety tests capable of being administered on recreational boats was developed to help demonstrate when there is probable cause to request a boat operator to proceed to shore and provide a breath sample.

After testing of recreational boaters with blood-alcohol concentrations (BAC) from 0.00-0.20%, three tests show significant relationship to BAC. These include:

• The horizontal gaze nystagmus in a seated position (testing the manner in which a person can follow a moving finger with his eyes)
• Reciting the alphabet from ”A” to ”Z,” and
• Clapping hands alternately with palm and back of hand while counting

Correlations with BAC were very similar to those observed with the administration of the standardized field sobriety tests to motorists suspected of drunk driving.

For help with a Macon criminal defense, call a Macon Georgia criminal defense lawyer.

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