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A common question people ask is whether one can get a DUI on a motor scooter in Arizona. The answer to that question is Yes. The key term her is motor. An impaired person driving/operating a non-motor scooter, bicycle or watercraft is not guilty of DUI. But a person driving/operating anything motorized (i.e., boat, jet ski, scooter, golf cart, etc.) is guilty of DUI if impaired or has a blood alcohol content greater than .08.
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Indeed, A.R.S. 28-1381(A) states “[i]t is unlawful for a person to drive or be in actual physical control of a vehicle…” Pursuant to A.R.S. 13-105(41) defines “vehicle” as:
A device in, upon or by which any person or property is, may be or could have been transported or drawn upon a highway, waterway or airway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
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Although this definition does not reference a “motor”, that is the result. Indeed, the statute excepts “devices moved by human power”. As such, all Arizona citizens should be aware that operating any motorized “device” impaired will lead to a DUI. As mentioned above, a motorized “device” could be anything a person “operates” or “drives.”