Vehicle Defined

The Definition of a Vehicle in DUI laws

In Chapter 670 of the California Vehicle Code, the definition of a vehicle reads as follows:

A device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

This determination of the law has been interpreted by California courts in the following instances:

• In the case of Tomson v. Kischassey, bicycles without motors are not considered as vehicles. In People v. Jordan, bicycles with motors are considered as vehicles under the Vehicle Code statute. Operating a bicycle with a motor is further considered a crime under Section 21200.5 of the California Vehicle Code.
• In Sections 415, 467, 14900 (as amended) and 4011, an individual operating a wheelchair is not driving a vehicle. Furthermore, Section 21251 of the California Vehicle Code also includes “low speed vehicles” in the ambit of the DUI statute. These low speed vehicles include golf carts and tractors. The law though does not consider an airplane as a vehicle.
• Also covered under DUI laws are individuals riding an animal such as a horse, as the animal is considered as the vehicle itself. This inclusion also covers horse-drawn carriages because the animal is the motive force that propels the vehicle, which is the carriage.

 
In simple terms, a car is a vehicle contemplated by the California Vehicle Code. There must be an engine that propels the vehicle on a highway. These vehicles include sedans, coupes, trucks, SUVs and limousines. The presence of an engine that is able to propel the vehicle is what is covered under the California Vehicle Code and DUI penal statutes.

In comparison, a soapbox is not a vehicle that falls in DUI laws. There is no motor that propels the said car on its own unlike go-karts and other smaller vehicles where there is an engine to be considered under DUI statutes. Sail cars, cars using wind power, are not vehicles under this statute. Thus the thing to remember is that when there is no engine, there is no liability under DUI laws.

In order to be fully apprised as to the application and effect of the DUI statute to your case, it is best to reach out to experts in the field. Do call the DUI Lawyers of the Law Offices of Ramiro J. Lluis for a free consultation today.