Unusual DUI Charges in Oregon

DUI in Oregon can occur in ways other than just driving a car or truck while under the influence.

DUI in Oregon on a horse
The late actor Lee Marvin in “Cat Ballou” (1965). Image used under Fair Use doctrine and no other rights claimed.

Can you get a DUI on a scooter, moped, or electric bike in Oregon?

Yes. Scooters and mopeds are motor vehicles and are essentially regulated as low-power motorcycles. Electric bicycles are regulated as bicycles with regard to DUI. See below.

Can you get a DUI on a lawn mower (riding mower) in Oregon?

Yes. A riding mower– while not designed to be operated on public roads and premises open to the public– are motorized and capable of propulsion. An operator of a riding mower could get a DUI if they operated the mower on premises open to the public or public roadways.

Can you get a DUI on a bike in Oregon?

Yes. The case of State v. Woodruff, 81 Or.App. 484 (1986) held that Oregon’s DUI statute applied to bicycles. The case of State v. Abbey, 239 Or.App. 306 (2010) later reaffirmed this holding (even after Oregon’s DUI statute changed).

The reasoning behind this is that bicycles are subject to the same laws as motor vehicles.

ORS 814.400. Vehicle laws as applied to bicycles

(1) Every person riding a bicycle upon a public way is subject to the provisions applicable to and has the same rights and duties as the driver of any other vehicle concerning operating on highways, vehicle equipment and abandoned vehicles, except:
(a) Those provisions which by their very nature can have no application.
(b) When otherwise specifically provided under the vehicle code.
(2) Subject to the provisions of subsection (1) of this section:
(a) A bicycle is a vehicle for purposes of the vehicle code; and
(b) When the term “vehicle” is used the term shall be deemed to be applicable to bicycles.
(3) The provisions of the vehicle code relating to the operation of bicycles do not relieve a bicyclist or motorist from the duty to exercise due care.

Can you get a DUI on a skateboard, roller skates, or rollerblades in Oregon?

No. Skateboards are not regulated in the same manner as either bicycles or motor vehicles.

Can you get a DUI on a horse in Oregon?

Contrary to urban legend, you can’t get a DUI while riding a horse in Oregon. Horseback DUIs sound amusing, and they often make national news. But the laws of Oregon don’t regulate intoxicated cowboys.

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