Can you get a DUI while flying on your broom?

Is an Illinois DUI limited to cars and trucks? No. Our DUI laws cover all “vehicles,” which are defined by our Motor Vehicle Code as:

Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway or requiring a certificate of title under Section 3-101(d) of this Code, except devices moved by human power, devices used exclusively upon stationary rails or tracks and snowmobiles as defined in the Snowmobile Registration and Safety Act.

For the purposes of this Code, unless otherwise prescribed, a device shall be considered to be a vehicle until such time it either comes within the definition of a junk vehicle, as defined under this Code, or a junking certificate is issued for it.
I don’t think a magic broomstick works on “human power” so its possible an intoxicated witch would not get off the hook. Just to be clear, however, the Illinois Courts have not yet ruled on the matter. They have held that motorized bicycles, motorized lawnmowers, and all terrain vehicles do qualify as a “vehicle.” Snow mobiles and boats are covered by separate statutes. Also, a vehicle that is inoperable is still a “vehicle” unless and until a junking certificate has been issued. So be warned!

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