Columbus OVI/DUI Attorney Blog
A man driving a pink child’s jeep was arrested for driving under the influence (called ‘OVI’ in Ohio). The man was planning to walk to meet a friend for a Slurpee and decided to drive a toy Barbie Jeep instead. Could someone in Ohio be charged with OVI on a toy Jeep? What about other non-traditional ‘vehicles’?
What is Prohibited by Ohio Law?
Ohio’s OVI statute, Ohio Revised Code (ORC) section 4511.19, prohibits operating any vehicle while ‘under the influence’ or ‘over the limit’. The statute has three essential elements which must be proven by the prosecution: (1) operate; (2) a vehicle; and (3) while ‘under the influence’ of alcohol and/or a drug of abuse or ‘over the limit’ for alcohol/drugs. Each of those elements has a legal definition.
What is a ‘Vehicle’?
‘Vehicle’ is defined by ORC section 4511.01(A). That section states:
“Vehicle” means every device, including a bicycle, motorized bicycle, and an electric bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway. “Vehicle” does not include any motorized wheelchair, any electric personal assistive mobility device, any low-speed micromobility device, any personal delivery device as defined in section 4511.513 of the Revised Code, any device that is moved by power collected from overhead electric trolley wires or that is used exclusively upon stationary rails or tracks, or any device that is moved by human power.
From this definition, we know a ‘vehicle’ is a device in/upon/by which a person or property may be transported on a road. We also know certain transportation devices are specifically included in the definition of ‘vehicle’, and some are specifically excluded.
What Devices are not ‘Vehicles’?
- A ‘motorized wheelchair’ is not a ‘vehicle’, but only if it is incapable of a speed in excess of eight miles per hour and is used by a person with a disability.
- An ‘electric personal assistive mobility device’ (which resembles a motorized wheelchair) is not a ‘vehicle’, but only if it has a maximum speed of 20 miles per hour when ridden on a paved level surface by an operator who weighs 175 pounds.
- A ‘low-speed micromobility device’ (a scooter) is not a ‘vehicle’, but only if it weighs less than 100 pounds and has an attainable speed on a paved level surface of not more than twenty miles per hour when propelled by the electric motor.
- A ‘personal delivery device’ (think electric shopping cart) is not a ‘vehicle’, but only if it has a maximum speed of ten miles per hour and is equipped with technology enabling operation of the device with or without active control by a person.
- A trolley is not a ‘vehicle’ because is it powered by overhead electric trolley wires.
- A train is not a ‘vehicle’ because it is used exclusively upon stationary rails or tracks.
- A wheelchair is not a ‘vehicle’ because it is moved by human power (and is not pedal-powered).
What Devices are ‘Vehicles’?
- A bicycle is a ‘vehicle’ and is defined as “a pedal-powered vehicle upon which a human operator sits, including an electric bicycle”.
- This includes unicycles, tricycles, and Big Wheels.
- A ‘motorized’ bicycle (or ‘moped’) is a ‘vehicle’ and is defined as “any vehicle having either two tandem wheels or one wheel in the front and two wheels in the rear, that may be pedaled, and that is equipped with a helper motor of not more than fifty cubic centimeters piston displacement that produces not more than one brake horsepower and is capable of propelling the vehicle at a speed of not greater than twenty miles per hour on a level surface.
- An ‘electric bicycle’ is a ‘vehicle’ and is defined as “a bicycle that is equipped with fully operable pedals and an electric motor of less than seven hundred fifty watts” that “ceases to provide assistance when the bicycle reaches 28 miles per hour”.
- An automobile is clearly a ‘vehicle’, and so is a motorcycle. Other devices which are vehicles include golf carts, lawn mowers, and motorized barstools.
Is a Toy Jeep a ‘Vehicle’?
A toy jeep is, in fact, a vehicle. It is a device upon which any person or property may be transported or drawn upon a highway. It is not a ‘low-speed micromobility device’ or any of the other devices specifically excepted from the definition of ‘vehicle’.
The man arrested on the Barbie Jeep reportedly concluded, “Don’t drink and drive”. In Ohio, that means, if you are under the influence and want to meet a friend for a Slurpee, don’t do it on a vehicle, including your lawn mower, golf cart, or unicycle.