Can You Get a DUI on a Bike?

Driving under the influence (DUI) cases involving bicycles can be confusing. The rules vary from state to state. In this article, we’ll provide a few examples of states that do not charge intoxicated biking as a DUI, and some that do.

If you’re facing criminal charges, it is crucial to understand your state’s laws. Contact a DUI defense attorney to review your case and assess the best defense strategies available.

State DUI Laws Define What Counts as a Vehicle

The main factor that determines whether you can get a driving under the influence (DUI) charge while riding a bike is how your state law defines “vehicle.” Some states include bicycles in the legal definition of vehicles, while others do not.

Most state DUI laws prohibit the operation of a”motor vehicle”while impaired by alcohol or controlled substances. In those states, the DUI law may not apply to bicycles.

The following are examples of states that exclude traditional bicycles from their DUI laws:

New York

New York state laws make it illegal to operate a”motor vehicle”while under the influence of alcohol or controlled substances. So prosecutors will not charge someone riding a traditional bike with a DUI.

However, New York has other laws for electric bicycles or bicycles with motors. Vehicle and Traffic Law § 1242-A criminalizes the operation of electric-assist bicycles while impaired by alcohol.

Illinois

Similar to New York, Illinois also charges DUI those who drive an electronic bicycle while intoxicated. However, Illinois state law specifically excludes traditional bicycles and other devices moved only by”human power.”

Virginia

Virginia law also exempts traditional bicycles from DUI laws. It is unlawful for any individual to drive any motor vehicle while impaired by alcohol or other controlled substances.

The term”motor vehicle”only applies to those powered by an engine or train. The term also includes mopeds if a person operates them on public highways.

States with Broader Vehicle Definitions

Various states have broader language in their DUI laws, which include bicycles as vehicles. In these states, you may face similar DUI charges and penalties whether you are pedaling a bike or driving a car.

Colorado

Colorado includes bicycles in its DUI laws. The state defines”vehicle”as any device with wheels or tracks capable of moving or being moved from one place to another.

The statutory definition of vehicle explicitly includes:

• Bicycles
• Electric-assisted bicycles
• Electric scooters
• Electric personal assistive mobility devices (EPAMDs)

EPAMDs are self-balancing, non-tandem two-wheeled devices designed for one person. For example, a Segway or a hoverboard.

Florida

Florida’s DUI statute applies to any person driving or in physical control of a vehicle. Like Oregon, Florida law grants bicycle riders the same rights and responsibilities as someone driving a car. Because of this, bicycles fall under the same DUI laws as any other vehicle.

Georgia

The state of Georgia similarly includes bicycles in its provision. Georgia DUI laws apply to”any moving vehicle.”The state law prohibits the operation of any moving vehicle while intoxicated or under the influence of marijuana or other controlled substances.

Oregon

Oregon’s Vehicle Code gives a person riding a bicycle the same rights and duties as those driving other vehicles. All laws that apply to motor vehicles also apply to bicycles, including penalties for DUI.

Utah

Utah prohibits the operation of any vehicle while intoxicated. The Utah Code defines a vehicle as any device that a person can transport or move along a highway.

Drunk Biking Statutes

States that don’t bring DUI charges for intoxicated biking often have separate statutes with a dedicated criminal charge.

For example, a bicycle is not considered a vehicle under California’s DUI laws. However, the state has a separate statute for cycling under the influence.

Under California’s Vehicle Code, it is unlawful for anyone to”ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug.”

“Highway”doesn’t just mean the freeway. State law defines it as any publicly maintained road that is open to the public”for purposes of vehicular travel.”

Biking under the influence in California is a misdemeanor offense, punishable by a $250 fine.

Other Possible Charges

Even in states that don’t count a bicycle as a vehicle or have their own drunk biking statute, riding a bike while intoxicated can still have consequences. You could face related charges such as:

• Public intoxication
• Disorderly conduct

Drinking and cycling can also increase your chances of an accident, which can lead to injuries and property damage. You could even face a personal injury lawsuit.

Legal Standards and BAC Limits

Most states have a set blood alcohol concentration (BAC) limit of 0.08%. However, some state laws set a lower limit. For instance, in Utah, the BAC limit is at 0.05%. If your blood alcohol concentration is at or above the legal standard, the state does not need to prove further your intoxication.

Due to these varying state laws, it is important to consult a DUI attorney near you. They can help assess your case and look at the applicable laws in your state.

How DUI Testing Works for Cyclists

Police officers use the same testing procedures for suspected drunk cyclists as they do for drivers. When a police officer suspects you are driving under the influence or driving while intoxicated, they will ask you to perform field sobriety tests and take chemical tests. This process is no different if you are riding a bicycle.

Chemical tests may include a breathalyzer or breath test, a blood test, or a urine analysis. When your BAC is over the legal limit or intoxicants are in your system, the police officer will arrest you on a DUI charge.

Field Sobriety Test

The standard field sobriety tests may include the following:

• Horizontal Gaze Nystagmus. This test looks at the person’s eye movement for any involuntary jerking. The eye jerking movement becomes more pronounced when a person is impaired by alcohol or other controlled substances.
• Walk and Turn Test. Police officers will ask you to walk heel to toe in a straight line.
• One Leg Stand Test. The police officer will ask you to balance on one foot for a few seconds. People unimpaired by alcohol can often balance without swaying. Hopping, using arms to balance, or swaying while balancing may often indicate possible intoxication.

Chemical Tests

A police officer may also conduct a chemical test. This may include conducting a breath test or breathalyzer, blood test, or urine analysis.

When your BAC is over the legal limit or intoxicants are in your system, the police officer will arrest you on a DUI charge. Law enforcement can still arrest you when you are below the legal limit if there is other evidence of your impairment.

Criminal Penalties for Bicycle DUI

The penalties for bicycle DUI may vary significantly depending on your state law and whether you have a prior history of driving under the influence.

States that treat bicycles similarly to other motor vehicles may impose fines ranging from hundreds to thousands of dollars. It can also result in potential jail time, along with community service hours, or participating in treatment or rehabilitation programs.

For instance, Georgia treats bicycle DUI convictions the same as other ordinary misdemeanor charges. It can result in fines of up to $1,000 or up to 12 months of imprisonment. California has a bicycle-specific state law that imposes up to a $250 fine for driving a bicycle while under the influence of alcohol or any drug.

Driver’s License Suspension

One of the most crucial variations in bicycle DUI is how it affects your driving privileges. Some states, like Florida and Oregon, impose similar driver’s license suspensions as those for a regular DUI. The suspension often lasts between 6 months and several years. Courts can also order you to install an ignition interlock device on your car or truck, even if you were not driving one when arrested.

Meanwhile, other states take a different approach. Some state laws exclude bicyclists from driver’s license-related penalties. What this means is that you will not lose your driving privileges if the state finds you biking under the influence.

Enhanced Penalties

There are also several factors that can increase the legal consequences imposed. For instance, if the person’s BAC levels are especially high or if it is not their first offense.

If the impaired biking resulted in an accident or property damage, the state may also impose a higher penalty.

Facing a Bicycle DUI Offense? Seek Legal Advice

Due to these varying state laws, it is important to understand how your state approaches bicycle DUI. If you are facing charges related to drunk biking, consulting with an experienced DUI defense lawyer is crucial. They can assist you in understanding the specific laws that apply to your case. They can also evaluate potential defenses and help minimize the potential consequences that you may face.

FindLaw’s attorney directory can help you find a DUI lawyer who is well-versed in your state’s laws and can help you build a strong defense.