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:
- Devices moved by human power or used exclusively upon stationary rails or tracks;
- Mobile homes or commercial coaches as defined in chapter 489 of NRS; or
- 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.
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