Air and Water Crafts & DUI/DWI Text Size:

People who are intoxicated while operating aircraft or watercraft are subject to being prosecuted for driving a vehicle while under the influence of alcohol or drugs (DUI) or driving while intoxicated (DWI). State laws vary on how those offenses are covered.

Definition of "Vehicle"

Typically, the types of vehicles involved in arrests for DUI or DWI are automobiles, trucks, and motorcycles. The states' DUI/DWI laws cover the driving of these types of vehicles, either by statutes or through judges' decisions. Where a state's legislature has failed to specify what it intends to include in the category of ''vehicle,'' the term can be broadly interpreted.

Under the Uniform Vehicle Code, a person commits a DUI offense by driving or being in actual physical control of ''any vehicle'' while under the influence. While each state's statute uses some variation of the term ''vehicle'' or ''motor vehicle,'' leaving the definition of the term up to interpretation by the judges, some states have used more specific language. Often, the language varies from state to state to include other methods of transportation such as watercraft, aircraft, or all-terrain vehicles.

Alaska's broad statute, for example, includes ''a motor vehicle or an aircraft or a watercraft.'' Georgia's statute contains the vague term ''any moving vehicle.'' Ohio's statute refers to ''any vehicle, streetcar, or trackless trolley.'' Virginia's statute applies to ''any motor vehicle, engine or train.'' Delaware clearly specifies that its statute is applicable to ''any vehicle,'' ''any off-highway vehicle'' or ''any moped.'' Louisiana's statute includes ''any motor vehicle, aircraft, watercraft, vessel or other means of conveyance.''

Some state legislatures have clearly limited the vehicles covered by the statute by specifically defining terms. For example, Virginia's statute defines ''motor vehicle'' to include mopeds (pedal bicycles with helper motors), while Vermont's statute defines ''vehicle'' to include snowmobiles. In other cases, you must look beyond the express statutory language to determine what means of vehicles the state legislature intended to include.

You or your attorney should consult the history of the statute, the language of the statute and judicial decisions to find the intended scope of the statutes. Sometimes, courts in the same jurisdiction reach conflicting results. For example, the Texas Court of Appeals has held that the term ''automobile'' may include a motorcycle, but that ''motor vehicle'' does not include a motorboat.

You also should look at other laws to determine the full scope of coverage intended under the DUI statute. Some states have enacted specific legislation regarding the use of recreational vehicles and other motorized transportation that may affect the drunk driving law. Iowa's statutes, for example, cover flying, boating, surfboarding, and waterskiing while intoxicated.

These laws show that DUI/DWI violations are not limited to public highways. In some states, a person may be found guilty of DUI or DWI while riding on private property.

Field Sobriety Tests for BUI

Boating under the influence of alcohol (BUI) is a substantial contributing factor to boating accidents, including drowning cases. To assist with enforcement of the BUI laws, a series of sobriety tests capable of being administered on recreational boats was developed to help demonstrate when there is probable cause to request a boat operator to proceed to shore and provide a breath sample.

After testing of recreational boaters with blood-alcohol concentrations (BAC) from 0.00-0.20%, three tests show significant relationship to BAC. These include:

• The horizontal gaze nystagmus in a seated position (testing the manner in which a person can follow a moving finger with his eyes)
• Reciting the alphabet from ''A'' to ''Z,'' and
• Clapping hands alternately with palm and back of hand while counting

Correlations with BAC were similar to those observed with the administration of the standardized field sobriety tests to motorists suspected of drunk driving.

Related Resources on Lawyers.com^sm