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November 2015 Archives

DUI In A Wheelchair

A Florida man was recently arrested and charged with Driving Under the Influence after he was operating his motorized wheelchair and allegedly blocking multiple lanes of travel on a roadway. I suspect that many people are surprised that a person can be charged with a DUI offense when they were not driving a car or motor vehicle. The DUI law in Pennsylvania, found at 75 Pa.C.S.A. ยง3802(a)(1), makes it illegal for an individual to "drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle." This means that the Pennsylvania driving under the influence law applies to a person that drives or operates a "vehicle" while under the influence of drugs or alcohol.