Can you get a DUI on a Bicycle

Bicycling is a great way to exercise, enjoy the outdoors, and reduce your carbon footprint. But what if you decide to have a few drinks before or during your ride? Can you get a DUI on a bicycle?

The answer is not so simple. It depends on where you live, how the law defines a vehicle, and how impaired you are by alcohol or drugs. In this article, we will explain the legal implications of riding a bicycle while under the influence and how to avoid or fight a bike DUI charge.

What is a Bike DUI?

A bike DUI is an offense that involves operating a bicycle while impaired by alcohol or drugs. The legal definition and penalties of DUI on a bicycle vary by state, but generally, it is similar to a regular DUI that involves a motor vehicle.

To be convicted of a bike DUI, the prosecution must prove two elements: that you were riding a bike, and that you were under the influence of alcohol or drugs.

Riding a Bike

The first element of a bike DUI is riding a bike. This may seem obvious, but not all states consider bicycles to be vehicles for the purpose of DUI laws. Some states have specific statutes that apply only to motor vehicles, while others have broader statutes that apply to all vehicles, including bicycles.

For example, in Arizona and Virginia, bicycles are not considered vehicles under the DUI laws. Therefore, you cannot get a DUI on a bicycle in these states. However, you may still be charged with public intoxication or disorderly conduct if you cause trouble while riding drunk.

On the other hand, in California and Oregon, bicycles are considered vehicles under the DUI laws. Therefore, you can get a DUI on a bicycle in these states if you are impaired by alcohol or drugs. You may also face additional charges for violating bicycle-specific laws, such as riding without lights or helmets.

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Under the Influence

The second element of a bike DUI is being under the influence of alcohol or drugs. This can be proven in two ways: by showing your blood alcohol concentration (BAC) or by showing your actual impairment.

Most states have per se DUI laws that make it illegal to operate any vehicle with a BAC of 0.08% or higher. Some states have lower BAC limits for certain drivers, such as 0.04% for commercial drivers or 0.02% for underage drivers. Utah is the only state that has a BAC limit of 0.05% for all drivers.

If your BAC is above the legal limit, you can be convicted of a per se DUI regardless of how well you can ride your bike. The police can measure your BAC by asking you to take a breathalyzer test or by drawing your blood.

However, even if your BAC is below the legal limit, you can still be convicted of a DUI if you are impaired by alcohol or drugs. Impairment can be shown by your physical appearance, behavior, speech, performance on field sobriety tests, or admission of drinking or drug use.

Some states also have per se DUI laws that apply to drugs. In these states, you can be convicted of a DUI based on the actual concentration of certain drugs in your system, such as marijuana, cocaine, or prescription medications.

What Are the Penalties for DUI on a Bicycle?

The penalties for a bike DUI depend on several factors, such as your prior criminal record, the severity of your impairment, and whether you caused any harm or damage to others.

Generally, the possible penalties you will face for a bike DUI are the same as those for any other DUI offense. However, there is a good chance that judges and prosecutors will be more lenient in cases involving bikes because they pose less danger and risk to others.

The common penalties for a bike DUI include:

• A fine ranging from $100 to $10,000
• Probation ranging from six months to five years
• Community service ranging from 24 hours to 360 hours
• Alcohol or drug education or treatment programs
• Suspension or revocation of your driver’s license
• Jail time ranging from one day to one year
• Installation of an ignition interlock device on your car

Some states have specific penalties for bike DUIs that are different from regular DUIs. For example, in California, you cannot lose your driver’s license for a bike DUI unless you are under 21 years old. In Oregon, you cannot go to jail for more than 10 days for a first-time bike DUI.

How to Avoid or Fight DUI on a Bicycle Charge?

The best way to avoid a bike DUI charge is to not ride your bike while under the influence of alcohol or drugs. If you plan to drink or use drugs, arrange for a sober ride home, such as a taxi, a rideshare, or a friend.

However, if you are already facing a bike DUI charge, you may have some defenses available to challenge the evidence against you.

Some of the common defenses for DUI on a bicycle include:

• Challenging the legality of the stop. The police must have a reasonable suspicion that you are committing a crime or a traffic violation to stop you. If they stopped you without a valid reason, any evidence they obtained from the stop may be suppressed.

• Challenging the accuracy of the breathalyzer or blood test. The breathalyzer or blood test must be administered properly and calibrated regularly to ensure accurate results. If there was any error or tampering with the device or the sample, the BAC results may be unreliable or inadmissible.

• Challenging the validity of the field sobriety tests. The field sobriety tests must be conducted according to standardized procedures and scored objectively by trained officers. Test results may be invalid or unreliable if administration or evaluation was biased or deviated from protocol.

• Presenting alternative explanations for your impairment. Impairment may be due to factors other than alcohol or drugs, such as fatigue, illness, medication, or stress. You may also have witnesses or experts who can testify to your sobriety or lack of impairment.

If you are facing a bike DUI charge, you should consult with an experienced DUI attorney as soon as possible. A DUI attorney can review your case, advise you of your options, and represent you in court. DUI attorneys can negotiate plea bargains or diversion programs to reduce or dismiss charges.

Conclusion

Riding a bicycle while under the influence of alcohol or drugs can lead to serious legal consequences. Bike DUI penalties vary widely, but may include fines, probation, community service, license suspension, and jail time.

To avoid a bike DUI charge, do not ride your bike while intoxicated. If you are already charged with a bike DUI, contact a DUI attorney to help you fight your case.
Remember, riding a bike is fun and healthy, but only if you do it safely and responsibly.

Don’t drink and ride! An Advice From Bicycle Ninja