In Tennessee, a DUI Requires a Motor Vehicle

In certain parts of the country, you can receive a DUI / DWI for operating any kind of vehicle – including a bicycle. In Tennessee, however, DUIs are exclusive to motorized vehicles. This includes:

• Riding a lawnmower

• Riding a motorcycle

• Riding a moped

• Driving a car or truck

• Riding a scooter

• Driving an ATV

• Driving a golf cart

So while having too many drinks and riding a skateboard home is a poor choice, it is not technically illegal. You could, however, be charged with being drunk in public or with a drunk and disorderly if your behavior warrants such a charge, but you cannot receive a DUI.

The rules for a DUI

Surprisingly enough, the lawnmower question arises quite a bit: most people seem baffled at the idea of a Tennessee police officer arresting a homeowner for DUI on that homeowner’s own property. However, the Tennessee Code (55-10-401) states:

It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises which is generally frequented by the public at large….

Truthfully, it is a stretch to say that a person’s home is “frequented by the public at large,” but cases have been successfully argued for just that. As your home may be visited by (or lived in) by others besides you, it is therefore illegal to ride a lawnmower while intoxicated. The same argument could be made for any person who is sitting in an idling car in his or her own driveway, as the vehicle has been engaged, and therefore it is safe to assume that a driver sitting behind the wheel is intending to drive while intoxicated.

If you’re unsure whether or not your behavior will warrant a DUI, play it safe – call a local cab company for a ride.