Can You Be Charged With DUI When Using A Bicycle?

All throughout the country, you are not allowed to drive while you are under the influence of alcohol or drugs. However, the way in which DUI offenses are defined in different US states can differ. There are states in which intoxicated biking is included in state laws. If you live in one of them, bicycle accident lawyers are automatically mandatory for your case. This is true even if you were at fault and you were injured because of the actions of someone else.

DUI Biking Laws

Usually, you can receive DUIs when you are on your bicycle and are caught intoxicated. This is basically due to how the word “vehicle” is defined by law. In different states, the DUI laws will only apply to driving motor vehicles. This would not include bicycles without a motor. In other states though, DUI laws will cover absolutely all vehicles, regardless of the existence of the motor. With such expansive laws, the person that rides the bike can receive a DUI.

As an example, in Colorado, DUI laws are prohibiting driving as you are under the influence. You are not allowed to drive both vehicles and motor vehicles. And the definition of the vehicle does include the bicycle. This is similar to what we see in Florida, where the law just mentions vehicles and bicycles are included.

In other states, like California, some laws are specifically prohibiting the action of biking under the influence. When this is the case, the violator is prosecuted under this biking law, not under the standard DUI law that is used for motor vehicles. This is important because it would lead to lower penalties.

Fighting Biking DUI Charges

In most cases, you defend the bike driving under the influence charge in the same way you would do if you were charged for the standard DUI. For instance, you can challenge the reliability of the blood test or breath test result. There are some defense strategies that sometimes work. In other cases, your defense can be viable because of an illegal seizure, an illegal search, or a police stop that was unlawful.

Whenever charged with a biking DUI, the good news is the prosecutors tend to be much more willing to help you. They will most likely offer a plea bargain, which is rarely the case with other DUI offenses. DUI laws were created to protect public safety. With bike cases, the risks you pose to others are much lower than when you drive a motor vehicle. This is why prosecutors tend to be more lenient. However, this does not mean that you will get this if you are often caught biking and driving or if you have several such offenses.

Final Thoughts

Never underestimate how damaging a driving under the influence charge can be for you. Also, do not forget the fact that DUI can be involved in a serious crash in which the other party was under the influence. In this case, it is your right to file a personal injury claim. Do so only with the help of an experienced injury attorney so that you can get the best possible outcome.