Can you be arrested for DUI in Nevada using these vehicles?

It depends on the vehicle, but driving under the influence in Nevada is usually limited to motor vehicles or recreational vehicles designed to be mounted or drawn by a motor vehicle. What a “vehicle” is defined in detail by NRS482.135:

“vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway. The term does not include:

1. Devices moved by human power or used exclusively upon stationary rails or tracks;
2. Mobile homes or commercial coaches as defined in chapter 489 of NRS; or
3. Electric personal assistive mobility devices.

This means that human-powered vehicles like bicycles, unicycles, skateboards, rollerskates and other similar devices is not under the term “vehicle” as within the ambit of DUI. The same applies to motorized wheelchairs, mobility scooters, and other devices designed to assist disabled persons, but there may be some exceptions. Trains and other vehicles that use railways are also not covered by DUI since train operators aren’t strictly drivers, but they will most likely lose their certification and may face other charges.

Another typical DUI case is DUI/DWI boating.

Specific vehicles

Segways – These two-wheeled, self-balancing electric vehicles are designed for personal transport. While Segways do have a motor installed, which is enough to reclassify a device or vehicle into a motorized vehicle in most cases, it only has a maximum speed of 12.5 mph, which falls under electric personal assistive mobility devices. This is not enough to classify it as a motor vehicle in DUI cases, except if it’s speed goes above 15 mph, then that should be enough to turn it into a motor vehicle.

Electric bicycles – According to NRS 483.067, electric bicycles falls under “bicycles” as long as it:

• Has fully operable pedals;
• Electric engine does not produce more than 1 gross horsepower and 750 watts final output;
• Has a maximum speed of not more than 20 miles per hour on a flat surface.

If the vehicle does not fulfill all of these conditions, it may be classified as a moped. In other words, you probably won’t be charged with DUI, but may face other charges.

Riding mowers – Motorized lawnmowers that are designed to be driven are classified as a motorized vehicle in Nevada. Yes, you can be charged with DUI.

If you found our article useful, we would appreciate it if you like our Facebook page. If you need the help of a DUI/DWI defense attorney in Las Vegas, you can visit our website, or contact us at (702) 383 – 5088.

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