Many people ask the question as to exactly what type of vehicle must be driven in order for someone to be charged with DWI. Most know 
that a car, a truck, and a motorcycle qualifies; however, does a bicycle qualify? In North Carolina, the answer is yes. The State of North Carolina defines a vehicle as the following:
- Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon fixed rails or tracks; provided, that for the purposes of this Chapter bicycles shall be deemed vehicles and every rider of a bicycle upon a highway shall be subject to the provisions of this Chapter applicable to the driver of a vehicle except those which by their nature can have no application. This term shall not include a device which is designed for and intended to be used as a means of transportation for a person with a mobility impairment, or who uses the device for mobility enhancement, is suitable for use both inside and outside a building, including on sidewalks, and is limited by design to 15 miles per hour when the device is being operated by a person with a mobility impairment, or who uses the device for mobility enhancement. This term shall not include an electric personal assisting mobility device as defined in G.S. 20-4.01(7a). N.C.G.S.A. 20-4.01.
The next question a person may ask, after reading the statute is what isn’t covered by the Vehicle Statute? And, the answer is almost nothing except a horse. This statute is meant to be all encompassing to include anything that may potentially be operated on the highway. So, in short, a vehicle that can be operated at a speed of less than 15 m.p.h, and by someone with a mobility impairment will not be considered a vehicle for DWI purposes. However, this does not mean that person will not receive a public drunkenness or disorderly conduct charge.
