In order to be convicted of DWI someone must be operating a vehicle while under the influence of an intoxicating substance. The question sometimes arises as to what exactly is a vehicle? Obviously the term vehicle includes automobiles but in North Carolina the term vehicle also includes a bicycle. North Carolina defines a vehicle as:
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 assistive mobility device as defined in G.S. 20-4.01(7a). N.C.G.S.A. 20-4.01.
The DWI statute says that anything covered in this definition is considered vehicle with the exception of a horse. Basically almost anything that can be operated on the highway can be classified as a vehicle for the purpose of DWI.
