Different states have different laws regarding the DUI charge and the penalties it involves. The severity of DUI penalties also varies from state to state, and while some states are more forgiving, others can be quite harsh.
While driving under the influence is treated as a serious offence in all states, they may have different laws regarding the type of vehicle that is being operated while intoxicated. In this article, we will cover the DUI laws regarding one type of vehicle – a bicycle – and whether or not a person may get charged with a DUI while riding a bike.
Can you get charged with a bicycle DUI?
Driving under the influence is never a good idea. This is especially true if you’re operating a motor vehicle. The question is: Can you get a DUI on a bicycle or not? To answer that question, let’s first discuss the type of vehicles that DUI laws apply to. In many states, you can only get charged with a DUI if you are operating a motor vehicle. In other words, DUI laws may not apply to motorless bicycles, despite them being classified as vehicles.
That being said, other state DUI laws apply to all vehicles regardless of whether they are motor or motorless. Because DUI laws vary from state to state, it is important to familiarize yourself with those laws that apply to your specific state. That way, you can make informed decisions that can spare you the hassle of dealing with DUI charges.
DUI laws across the states
When talking about bicycle DUI laws, we need to look at different states and how they handle drunk biking. In states such as Alaska, Nebraska, Minnesota, Texas, and Wisconsin, you can not get charged with a bicycle DUI. This is because their DUI laws only apply to motor-driven vehicles.
On the other hand, the majority of states have DUI laws that apply to all vehicles, motor-driven or not. From Florida and Ohio to Georgia and Oregon, these are the states in which a bicycle classifies as a vehicle. Therefore, a person riding a bike can be charged with a DUI in these states if they turn out to be operating the vehicle while intoxicated. Last but not least, some states have come up with specific laws that apply to drunk biking. These states include California, Utah, Washington, and Delaware.
What are the bicycle DUI penalties?
How harsh the penalties for bicycle DUIs are depend on the state and local laws. Of course, they are not as severe as the DUI laws that apply to motor vehicles. Still, getting charged with a bicycle DUI will lead to this offense appearing on your criminal record. As for the penalties, you can expect everything from fines to jail time to community service. Fines can get as high as several thousand dollars, and jail time can last up to several months. Some states will require offenders to complete community service while others will suspend your license in addition to other bike DUI penalties.
Even if you are not charged for biking under the influence, you can still get charged with a plethora of other charges. These include public intoxication, disturbing the peace, and disorderly conduct.
How do you fight a bicycle DUI charge?
If you do get charged with a bicycle DUI, you have several legal defenses to rely on. For starters, you may argue that there was not a probable cause for the police officer to pull you over. It can be argued that you were a subject of an illegal search and seizure, or that there was an unlawful police stop. Another option is to argue that the alcohol test is unreliable.
Raising the right defense for your particular case can be tricky, so it’s best to find a reliable law professional to work with. Keep in mind though that drunk biking is generally considered less of a threat to the public compared to drunk driving. Because of that, the prosecutors might not be as severe with the punishment.
Biking while impaired is not worth the risk
It is true that the legal consequences of a bike DUI aren’t as severe compared to those of standard DUIs. Still, you can cause injury to yourself and others if you decide to ride a bicycle while intoxicated. To prevent the potential dangers of drunk biking and its legal consequences, it’s best to play it safe, and try to avoid drunk biking altogether.
