Did you know that in Canada, our DUI laws can result in being arrested and found guilty for operating a motorized scooter while drunk?

How could this be you ask? Well, the definition of a motor vehicle is any vehicle that is drawn, propelled or driven by any means other than muscular power.

In R. v. Shanahan the accused while drunk in a motorized scooter crossed a road. While doing so, the police saw him and pulled him over. He failed a breathalyzer (approved screening device), and was arrested for DUI.

One piece of important information in this case is the defendant could move about on his own some – approximately one hundred to one hundred and fifty meters.

At trial, J.D. Wake J. (the Honourable Judge) held the scooter was a motor vehicle as defined by the Criminal Code. The trial judge then gave the accused an opportunity to apply for relief under section 15 (equality rights) of the Charter.

The equality rights hearing addressed the following two issues.

1. were the defendant’s equality rights infringed?

J.D. Wake J. held that the Canada DUI laws (section 253 of the Criminal Code) does not make a distinction between people reliant on motorized wheelchairs and people who don’t need motorized scooters.

This is the key finding: the Court held that since the defendant was mobile somewhat, that he was not sufficiently distinct from able-bodied folks that consumed too much alcohol.

Also, people walking and impaired in public places can be charged with other criminal offences other than a DUI laws such as mischief.

2. What about the dignity of the defendant under s. fifteen of the Charter?

The Honourable Judge found the following regarding the accused’s dignity.

“The argument in favour of striking down s.253 seems to be that the dignity of a disabled person can only be sustained if he is afforded the right to behave with a lack of dignity. In my view s.15 of the Charter should not be used to support the result of such inverted reasoning.”

At the end of the day, Canada DUI laws mean a person cannot be drunk while operating a motorized wheelchair.

Consider these aspects:

This specific case involved someone not totally disabled. Therefore, the outcome could be different if a person was 100 percent disabled.

Are people impaired on pain medication not able to use motorized wheelchairs outside of their home? I simply pose this question, I don’t know the answer.

Lastly, it’s a Canada DUI law that you can be found guilty of drunk driving if sitting in the driver’s seat while car is stationary. Does the same apply to a stationary motorized personal device?

If you’ve been charged with a crime such as DUI in BC, visit Vancouver defence lawyer website to learn more about Canada DUI laws and how Dykstra & Company can help you.

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