AR15.Com Archives
 DUI... while mowing your lawn?
Stainless  [Member]
4/23/2006 2:00:15 PM EST
Is it possible?

Lets say "some one" decides to get sloshed, and jump on their riding lawn mower one saturday afternoon... and mow the lawn while intoxicated.

Is this a DUI/DWI offense? Can you be arrested?

Inquiring minds wanna know.
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FortyFiveAutomatic  [Team Member]
4/23/2006 2:00:57 PM EST
Not in TX, that's for damn sure.
HarrySacz  [Team Member]
4/23/2006 2:01:16 PM EST
Stay off the streets,sounds like fun. I need a rider
Orion_Shall_Rise  [Member]
4/23/2006 2:01:28 PM EST

Originally Posted By Stainless:
Is it possible?

Lets say "some one" decides to get sloshed, and jump on their riding lawn mower one saturday afternoon... and mow the lawn while intoxicated.

Is this a DUI/DWI offense? Can you be arrested?

Inquiring minds wanna know.



yes... people have been arrested for driving their electric wheelchairs in the street when drunk...
Bama-Shooter  [Team Member]
4/23/2006 2:01:35 PM EST
If you drove your lawn mower onto a public street, yes. Your lawn, no.
harleyrkc  [Team Member]
4/23/2006 2:01:44 PM EST
I don't know for sure. But I have waved at the cops driving by while having a beer on the mower.
st0newall  [Member]
4/23/2006 2:02:49 PM EST
i once read.. i think it was stevie wonder, but it could have been ray charles, like to drive and he had lots o money, big yards and nice fancy cars. so the guys woulld help him do circles and such in the field and he would have a ball.

was this illegal? dont think so. its his yard. like a kid on dirtbike in his pa's farm.

so yep go to as they say...

and there have been at leat one drunk arrested around here who WAS on his riding lawn mower, but it was on a public road.
HKTackDriver  [Member]
4/23/2006 2:03:06 PM EST
Yes, in NY, if you are operated ANY motor vehicle while intoxicated, you may be charged....but I believe there is a "public highway" element to it. I have to go read VTL 1192.2 to see how it reads. I think if you're on your own property, it may be different, but on public roads, your ass is toast.
stangleonthedangle  [Member]
4/23/2006 2:03:16 PM EST
Fuck no ,

First, you arent driving anything. Second you are on your own property

Third, dumb question.
Foxxz  [Team Member]
4/23/2006 2:03:43 PM EST

Originally Posted By Orion_Shall_Rise:

Originally Posted By Stainless:
Is it possible?

Lets say "some one" decides to get sloshed, and jump on their riding lawn mower one saturday afternoon... and mow the lawn while intoxicated.

Is this a DUI/DWI offense? Can you be arrested?

Inquiring minds wanna know.



yes... people have been arrested for driving their electric wheelchairs in the street when drunk...



Good luck arresting this guy!



-Foxxz
HarrySacz  [Team Member]
4/23/2006 2:05:17 PM EST

Originally Posted By stangleonthedangle:
Fuck no ,

First, you arent driving anything. Second you are on your own property

Third, dumb question.



We need to know these things,so we stay on the right side of the law. I remember hearing on the radio about a guy that got a DUI because hit he a parked car on his mower.
Aimless  [Site Staff]
4/23/2006 2:06:44 PM EST

Originally Posted By HKTackDriver:
Yes, in NY, if you are operated ANY motor vehicle while intoxicated, you may be charged....but I believe there is a "public highway" element to it. I have to go read VTL 1192.2 to see how it reads. I think if you're on your own property, it may be different, but on public roads, your ass is toast.



Has to be a public road or parking lot with more than 6 spots (I think it's 6). I represented a guy years ago that they tried to charge with DWI when they caught him driving drunk on the private roads inside a cemetary, he got off the hook on that one.
AR15fan  [Member]
4/23/2006 2:08:44 PM EST

Originally Posted By Stainless:
Is it possible?


In my state, yes.

DUI laws apply to any motorized vehicle and even on private property. People get arrested for DUI on off road vehicles on private property, or DUI in a motorized boat all the time here.
Combat_Jack  [Team Member]
4/23/2006 2:09:17 PM EST
I've heard of a guy getting a DUI for riding a horse while intoxicated. Probably best not to take your chances.
Foxxz  [Team Member]
4/23/2006 2:10:11 PM EST

Originally Posted By Combat_Jack:
I've heard of a guy getting a DUI for riding a horse while intoxicated. Probably best not to take your chances.



I'm working on getting a horse. I can't wait to try that!

-Foxxz
BlueCrusader  [Member]
4/23/2006 2:11:02 PM EST

Originally Posted By stangleonthedangle:
Fuck no ,

First, you arent driving anything. Second you are on your own property

Third, dumb question.



Actaully....the orignal question pertained to a riding lawn mower, which is effect, a motorized conveyance.

So, if you are sloshed to the nines and weaving down Wysteria Lane on you Cub, then yes....it is DUI.

If you are NOT on a public roadway, or any areas not subject to state motor vehicle restrictions (such as state-run OHV areas, national parks, state parks, BLM & State Trust lands, etc) then it is not DUI.

You can however be arrested for DUI while sitting in the driver's seat of your vehicle in the parking lot of Walmart, Moe's Tavern, The Drunken Clam, Costco or Big Gay's Al's Dildo Emporium, as you are technically in control of the motor vehicle. State laws will vary as to whether or not the keys actually have to be in the ignition.



BC
AR15fan  [Member]
4/23/2006 2:11:28 PM EST
We have a seperate section of law for DUI on a bicycle here. Its an infraction which does not result in a DMV suspension of your drivers license, but you do spend the night in jail.
pato  [Member]
4/23/2006 2:12:35 PM EST
In Texas, there ain't no such thing as DWI/DUI on private property.
You can get sloshed and drive your pickup across your ranch all you want, ain't nothing the po-po can do about it.
Now, if you get into a wreck and hurt someone--some lawyer is gonna eat you alive in a civil case, but it ain't DWI.

pato
Bama-Shooter  [Team Member]
4/23/2006 2:13:28 PM EST

Originally Posted By AR15fan:

Originally Posted By Stainless:
Is it possible?


In my state, yes.

DUI laws apply to any motorized vehicle and even on private property. People get arrested for DUI on off road vehicles on private property, or DUI in a motorized boat all the time here.



Interesting. We have the boater DUI laws but the MV has to be on a public roadway.
vanilla_gorilla  [Team Member]
4/23/2006 2:14:26 PM EST
Talked to a Florida Highway Patrolman that claims he's handled one before, but only because the moron actually wrecked his mower, resulting in injuries.
rkbar15  [Team Member]
4/23/2006 2:19:27 PM EST

Originally Posted By HKTackDriver:
Yes, in NY, if you are operated ANY motor vehicle while intoxicated, you may be charged....but I believe there is a "public highway" element to it. I have to go read VTL 1192.2 to see how it reads. I think if you're on your own property, it may be different, but on public roads, your ass is toast.



A small riding mower is not classified as a MV in NY. If you're talking about a tractor type gang mower and it is being operated on anything classified as a public highway then you would be subject to the licensing, insurance and MV laws.
SteyrAUG  [Team Member]
4/23/2006 2:20:40 PM EST

Originally Posted By Stainless:
Is it possible?

Lets say "some one" decides to get sloshed, and jump on their riding lawn mower one saturday afternoon... and mow the lawn while intoxicated.

Is this a DUI/DWI offense? Can you be arrested?

Inquiring minds wanna know.



More likely public intox.

As it is not a licensed vehicle and not on the road I don't think you can get a DUI.
Kalahnikid  [Team Member]
4/23/2006 2:24:45 PM EST
My g/f 's neighbor got a DUI while riding his bicycle home from a bar.
rkbar15  [Team Member]
4/23/2006 2:25:25 PM EST

Originally Posted By AR15fan:

Originally Posted By Stainless:
Is it possible?


In my state, yes.

DUI laws apply to any motorized vehicle and even on private property. People get arrested for DUI on off road vehicles on private property, or DUI in a motorized boat all the time here.



They classify a small riding mower as a MV in CA? That makes no sense. Are you also required to be licensed, registered and carry liability insurance to operate it on private property? What about farm equipment being operated on private farmland?
BlueCrusader  [Member]
4/23/2006 2:25:42 PM EST

Originally Posted By SteyrAUG:
More likely public intox.

As it is not a licensed vehicle and not on the road I don't think you can get a DUI.



Not in Arizona and many other states who's DUI laws I am conversant in. It falls under the "motorized conveyance" standard, and while it is not subject to state MV equipment/insurance requirments, you can still be arrested for DUI if operating one where state laws apply to regulated vehicles.

Thus, in AZ, you can get a DUI for operating a motorized bicycle on a public roadway, even though the vehicle does not need to be registered, inspected or insured.



BC
sambeaux  [Team Member]
4/23/2006 2:43:49 PM EST
I notice that nobody else has mentioned OWI's versus DWI's. Is Louisiana the only state that has
OWI's? Operating While Intoxicated. If I remember correctly, you can be cited for OWI if you're
operating a dozer, tractor, etc. while under the influence. It's a lesser charge, but I don't know
how much of one. DWI is usually reserved for actual automobiles, if I'm not mistaken.

Sam
Brians_45  [Team Member]
4/23/2006 2:45:27 PM EST

Originally Posted By Bama-Shooter:
If you drove your lawn mower onto a public street, yes. Your lawn, no.



Yep. That's the law here.
tenmikemike  [Member]
4/23/2006 7:16:03 PM EST

Originally Posted By Stainless:
Is it possible?

Lets say "some one" decides to get sloshed, and jump on their riding lawn mower one saturday afternoon... and mow the lawn while intoxicated.

Is this a DUI/DWI offense? Can you be arrested?

Inquiring minds wanna know.



In KY, not as long as you stay in your own yard. Once I arrested a guy for DUI who was riding a go-cart up and down a public street, which makes all the difference in the world.

AND, once a guy was convicted of DUI because he used to ride his HORSE to his favorite bar, get sloshed and ride the horse home!! LOL I kid you not!!
Greenhorn  [Member]
4/23/2006 7:17:45 PM EST
Not if you're on private property.
clement  [Member]
4/23/2006 7:24:28 PM EST

Originally Posted By tenmikemike:

Originally Posted By Stainless:
Is it possible?

Lets say "some one" decides to get sloshed, and jump on their riding lawn mower one saturday afternoon... and mow the lawn while intoxicated.

Is this a DUI/DWI offense? Can you be arrested?

Inquiring minds wanna know.



In KY, not as long as you stay in your own yard. Once I arrested a guy for DUI who was riding a go-cart up and down a public street, which makes all the difference in the world.

AND, once a guy was convicted of DUI because he used to ride his HORSE to his favorite bar, get sloshed and ride the horse home!! LOL I kid you not!!



What was the horses BAC?
Maxim_Mag  [Team Member]
4/23/2006 7:27:27 PM EST
while technically I'm sure it is possible. Afterall, it is a motor vehicle and you are intoixicated. But that JBT would have to be a real asshat to do it. Either that or way low on his monthly quota.
Johninaustin  [Member]
4/23/2006 7:36:33 PM EST

Originally Posted By Maxim_Mag:
while technically I'm sure it is possible. Afterall, it is a motor vehicle and you are intoixicated. But that JBT would have to be a real asshat to do it. Either that or way low on his monthly quota.



Drive it on a public roadway and I'll certainly tag you for it. Nabbed a .24 BAC driving a front end loader once. Have had several driving school buses. One of my buddies tagged a woman driving a cotton combine on the interstate. (inside lane yet) No lawn mowers yet, but it's certainly possible.

I don't have quotas BTW: I'll hook up every drunken asshole I can find.
SC-Texas  [Team Member]
4/23/2006 7:36:38 PM EST

Originally Posted By FortyFiveAutomatic:
Not in TX, that's for damn sure.



Well, uh, actually, yes, in Texas.

Texas law states operating a vehicle- says nothing about public or proivate land.
SC-Texas  [Team Member]
4/23/2006 7:38:03 PM EST

Originally Posted By pato:
In Texas, there ain't no such thing as DWI/DUI on private property.
You can get sloshed and drive your pickup across your ranch all you want, ain't nothing the po-po can do about it.
Now, if you get into a wreck and hurt someone--some lawyer is gonna eat you alive in a civil case, but it ain't DWI.

pato


I beleive yo are wrongo- supreme court case resolved that issue a few years back. IIRC
ALLANJ  [Member]
4/23/2006 7:42:19 PM EST

Originally Posted By FortyFiveAutomatic:
Not in TX, that's for damn sure.



Heck...TABC arrested people for being drunk in a bar.
NorthernBornRebel  [Team Member]
4/23/2006 7:44:55 PM EST
I don't know when or where it happened, but years ago, country singer George Jones was arrested for DUI on a riding lawnmower. Big surprise, country singers getting arrested for that!
Johninaustin  [Member]
4/23/2006 7:46:49 PM EST

Originally Posted By SC-Texas:

Originally Posted By FortyFiveAutomatic:
Not in TX, that's for damn sure.



Well, uh, actually, yes, in Texas.

Texas law states operating a vehicle- says nothing about public or proivate land.



True, but common practice is not to. I file cases in three counties, none of county attorneys would even look twice at one.

I'm seen some pretty nasty civil cases though. One resulted in three injured and over 70K in damage.
SC-Texas  [Team Member]
4/23/2006 7:51:53 PM EST
JIA will correct me if I am wrong, but I remember a case of a rancher whose wife was pissed at him for something or other and called the cops who found him down at the creek on his property and arrested/charged him with DWI for driving his truck down there on his land.

The Ct of criminal appeals (the criminal supreme court) said that the law didn't specifify on a public highway so it was aplicable to operating motor vehicles on private land.
Slowerthanu  [Member]
4/23/2006 7:53:41 PM EST
In Utah you can get a DUI on your lawn, been done.

A motorized vehicle in Utah is anything that operates under its own power.
Grunteled  [Team Member]
4/23/2006 8:05:01 PM EST

Originally Posted By AR15fan:

Originally Posted By Stainless:
Is it possible?


In my state, yes.

DUI laws apply to any motorized vehicle and even on private property. People get arrested for DUI on off road vehicles on private property, or DUI in a motorized boat all the time here.



I think that's taking the nanny-state quite a bit too far. Thanks MADD mommies. I don't drink and drive my lawn mower since I don't drink so it's a non issue to me.

But.... Once you are no longer in public, the public's interest in what you imbibe when operating your riding mower should end. We aren't talking about needing split second judgement to avoid impacting others at lethal speeds with 1 to 2 tons of moving steel. That's supposed to be the basis of these laws, not that drinking and then operating any equipment is a massive public threat.
Patrol_Jason  [Member]
4/23/2006 11:03:21 PM EST
In Missouri, yes you could. The way the law reads here a motorized vehicle is just that, even if its one of those skateboards with a motor.

Jason
Mall-Ninja  [Team Member]
4/23/2006 11:31:17 PM EST

Originally Posted By FortyFiveAutomatic:
Not in TX, that's for damn sure.



hell, even the COPS might be guilty of that one.....
Big_Bear  [Team Member]
4/23/2006 11:40:56 PM EST

Originally Posted By NorthernBornRebel:
I don't know when or where it happened, but years ago, country singer George Jones was arrested for DUI on a riding lawnmower. Big surprise, country singers getting arrested for that!


That's the first thing I thought of when I opened this thread. True story. When he was married to Tammy Wynette she took his car keys away so he couldn't drive drunk, so he hopped on a riding mower to go to the liquor store. On the way he was pulled over and arrested. He wrote a song about it called "Honky Tonk Song."
AR15fan  [Member]
4/24/2006 4:52:27 AM EST

Originally Posted By rkbar15:

Originally Posted By AR15fan:

Originally Posted By Stainless:
Is it possible?


In my state, yes.

DUI laws apply to any motorized vehicle and even on private property. People get arrested for DUI on off road vehicles on private property, or DUI in a motorized boat all the time here.



They classify a small riding mower as a MV in CA? That makes no sense.



Qouting the legal source book:

"a vehicle is any device which permits a person or property to be propelled, drawn, or moved upon a highway, except a device moved exclusively by human power, or used exclusively on stationary rails or tracks. It includes a bulldozer, forklift, go-cart, mobile crane, moped, tractor, snowmobile and the like. It also includes horse drawn vehicles."
AR15fan  [Member]
4/24/2006 4:55:18 AM EST

Originally Posted By Maxim_Mag:
while technically I'm sure it is possible. Afterall, it is a motor vehicle and you are intoixicated. But that JBT would have to be a real asshat to do it. Either that or way low on his monthly quota.



More likely the drunk crashes and hurts himself, so his wife calls the fire department who in turn calls the cops. At least thats how we get all the DUI tractor and DUI Quadrunner arrests around here.
CS223  [Team Member]
4/24/2006 4:59:18 AM EST
There was actually an episode on COPS where they took down a drunk on a mower. He was riding down the street, I think he was slumped over on the mower and they just kinda shoved him off.
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