CLARKSBURG, W.Va. (WBOY) — Two things define summer for many West Virginians—beer and mowing the lawn, but can those two things legally mix?
Under the West Virginia Code §17C-5-2, a person who “drives a vehicle on any public highway or private road in this state […] while he or she is in an impaired state” will be charged with DUI and can be fined up to $1,000 for a first offense.
But an amendment made in 2020 does prevent people from being charged with DUI under certain circumstances. The West Virginia Supreme Court of Appeals ruled on a case in 2016 that someone can be charged with DUI even if only driving on private property, according to Martinsburg-based DUI defense law firm, the Wagner Law Firm.
The ruling, which was against a man who had driven an ATV on private property, was made on the grounds that the phrase “in this state” means anywhere within the state of West Virginia, including private land.
However, after the ruling, §17C-5-2a which defines “in the state” as it relates to DUIs was passed in the 2020 regular legislative session … READ MORE.
“Can you get a DUI on a lawnmower, ATV, or even a tractor? The answer is yes. You can be arrested for a DUI on any of these.” Meldon Law, Florida
Florida man busted for DUI while riding lawnmower on highway
NEW YORK POST – A drunken Florida man with three previous DUI convictions was arrested while driving a riding lawnmower in the middle of a highway, authorities said.
Paul Burke, of Fort McCoy, was busted Wednesday on west Highway 316 in Marion County, where he was traveling far slower than the posted 55-mph speed limit, the Orlando Sentinel reports.
“You know you’re in the road, right?” a deputy asks Burke, dashcam video shows.
“Was I?” Burke replies.
“You were,” the deputy tells him before realizing Burke apparently had been imbibing. “How much you have to drink tonight?”