House Bill 259 extends DUI statute to off-highway vehicles

April 05, 2013

House Bill 259 extends DUI statute to off-highway vehicles

Article provided by Law Offices of Thomas A. Foley
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A new act passed by the Delaware legislature expands the application of the DUI statute to include off-highway vehicles operated on public roadways. Off-highway vehicles, or OHVs as defined by state law, include vehicles such as ATVs and lawn mowers.

Previously, an intoxicated person who travelled by an OHV was out of reach of the DUI statute. As a result, habitual DUI offenders who lost their vehicles or licenses would take advantage of the loophole in state law, travelling by OHV to avoid the much heavier consequences of DUI in a car.

For example, last year a man rode a lawnmower down a local road while allegedly under the influence of alcohol. Despite having been charged based on a blood-alcohol content of 0.15 and three prior DUI convictions, the man faced a modest $100 fine.

How the bill will protect the public

Under the new bill, House Bill 259 sponsored by Representative Helene Keeley, drivers of OHVs would be subject to exactly the same punishments as operators of regular motor vehicles. Rep. Keeley believes that closing this loophole in the DUI law will make the public safer by keeping drunk drivers off the road regardless of their method of transportation.

In addition, drunk drivers of OHVs may be ordered to undergo alcohol treatment just as if they were operating regular cars. According to Keeley, "It might sound silly at first, but this is a serious situation. People can and have gotten hurt by drunk drivers operating vehicles that don't belong on the roads. By subjecting these drunk drivers to our DUI laws, they not only face tougher penalties, but they will receive more intensive treatment and monitoring, which will help save lives."

Arrests related to vehicles

Equally importantly, drunk drivers of OHVs, such as ATVs, could be charged with vehicular assault or even manslaughter if they injure or maim someone. Last year, a three-year-old boy was injured when he was struck by an ATV operated by an alleged drunk driver.

Drunk driving charges carry serious penalties and consequences that should not be taken lightly. Most police departments are putting special attention and resources into catching suspected drunk drivers, so all motorists must be particularly careful and aware of their rights.

The serious consequences of a conviction

A drunk driving conviction comes along with mandatory driving restrictions and other punishments that can seriously affect an individual's life. It's important to remember that police do make mistakes, even in the reasoning for pulling a driver over. A person who is accused of a crime is innocent until proven guilty and deserves to have his or her rights protected through a strong defense.

If you have been charged or convicted with a DUI offense, consult a criminal defense attorney to discuss your options. An experienced defense attorney can explain state DUI sentencing laws and help you understand the impact that House Bill 259 may have on the outcome of your drunk driving case.