Most people realize that it’s illegal to get drunk and drive an automobile. But what if you have a few too many beers before hopping on an electric bike or a moped? Can you legally imbibe while scooting along in your motorized wheelchair or rascal?
The answer to these questions isn’t easy.
Under the state’s drunk driving statute, you must be operating a “motor vehicle” in order to be charged with OUI.
The definition of a “motor vehicle” is found in the convoluted text of G.L. c. 90, Section 1.
”Motor vehicles”, all vehicles constructed and designed for propulsion by power other than muscular power including such vehicles when pulled or towed by another motor vehicle…
The following are generally not considered motor vehicles:
- “wheelchairs” which are “owned and operated by invalids”;
- “electric bicycles” defined as “a bicycle or tricycle equipped with fully operable pedals and an electric motor of 750 watts or less that meets the requirements of a class 1 electric bicycle or a class 2 electric bicycle”;
- “motorized bicycles” defined as “a pedal bicycle which has a helper motor, or a non-pedal bicycle which has a motor, with a cylinder capacity not exceeding fifty cubic centimeters, an automatic transmission, and which is capable of a maximum speed of no more than thirty miles per hour”;
- Finally, all “vehicles used for other purposes than the transportation of property and incapable of being driven at a speed exceeding twelve miles per hour and which are used exclusively for the building, repair and maintenance of highways or designed especially for use elsewhere than on the travelled part of ways.”
Nevertheless,”[i]n doubtful cases, the registrar [of motor vehicles] may determine whether or not any particular vehicle is a motor vehicle as herein defined.”
The burden is on the prosecutor to prove that the vehicle operated by the defendant was in fact a “motor vehicle” under the statute.