Many people mistakenly believe that cycling home after drinking is a safer choice than driving a car, thinking it avoids the risk of a DUI and potential accidents. However, in Florida and other jurisdictions, this isn’t always the case.
As DUI lawyers, we often encounter surprised individuals asking, “Can you really get a Dui On A Bike?” The answer is definitively yes, and it’s crucial to understand the implications of intoxicated biking on your legal record and personal freedom.
If you’ve been charged with a DUI while riding a bicycle, we are here to assist you. Contact The Denson Firm today for a confidential consultation to discuss your situation.
Understanding How a DUI on a Bike Can Occur
In Florida, public intoxication is a misdemeanor. Riding a bike while intoxicated can lead to this charge. Furthermore, Florida law equates biking under the influence to driving under the influence. So, can you get a DUI riding a bike? Absolutely.
If you are found to be over the legal alcohol limit while riding your bicycle, you can face citation and even arrest. While biking is enjoyable and eco-friendly, it becomes dangerous after alcohol consumption.
Annually, there are approximately 800 bicycle accidents, with over a third involving alcohol. Alarmingly, one in five cyclists killed in traffic accidents had a blood alcohol content (BAC) exceeding the legal limit of 0.08%. A BAC above 0.08% can increase your risk of a bike accident by over 2000%.
An intoxicated cyclist involved in a collision with a car is likely to sustain severe or fatal injuries. If another person is injured in a DUI bike accident, the cyclist can be held responsible for damages. In the tragic event of a fatality, the cyclist may face manslaughter charges.
Defining “Under the Influence” for Bicycle DUIs
So, how is “under the influence” defined when it comes to a DUI on a bike? The method for measuring intoxication for a bicycle DUI is identical to that used for drivers of cars or trucks. Legally, intoxication is defined as a blood alcohol concentration (BAC) of 0.08% or higher.
If your BAC registers at 0.15% or higher, the DUI offense escalates, leading to harsher penalties. Causing injury to another person with a BAC above 0.15% can also result in additional criminal charges.
It’s important to note that a DUI charge isn’t solely about alcohol. The “influence” aspect extends to being under the influence of drugs as well.
You don’t even need to be actively riding to face consequences. If you are walking your bike in a public area, such as a sidewalk or beach, with a BAC exceeding the legal limit, you could be cited for disorderly conduct or public intoxication.
Penalties for a Bicycle DUI
Can you be arrested for a DUI on a bicycle in Florida? Yes. Florida law grants bicyclists the same rights and responsibilities as other vehicle operators on Florida roads.
This means that anyone cycling on the road, including bike lanes, must follow the same traffic laws, including the prohibition of operating a bicycle while intoxicated.
Police officer pulling over a cyclist for DUI on a bicycle in Florida
If a Florida police officer stops you on suspicion of intoxication while biking, you will be subjected to field sobriety tests and asked to take a breathalyzer to determine your BAC. The penalties mirror those for driving under the influence, and many intoxicated cyclists are arrested.
For a first-time DUI offense with no prior record, penalties include fines ranging from $500 to $1,000 and potential jail time of up to six months. A third or subsequent DUI, whether on a bike or in a car, escalates to a felony charge, potentially leading to prison sentences.
Felony convictions result in the loss of certain civil rights upon release from prison, such as the right to vote and own firearms. A felony DUI conviction remains on your record, visible to potential employers and others during background checks.
State Laws Vary Regarding Bicycle DUIs
Many people inquire, “Can you get a DUI on a pedal bike in every state?” The answer is no. Bicycle DUI laws vary from state to state.
Florida law specifically omits the term “motorized” when discussing DUI charges for vehicle operators. Since Florida law prohibits operating any vehicle under the influence, and a bicycle is legally classified as a vehicle, riding a bike while intoxicated is unlawful in Florida.
However, other states’ traffic laws distinguish between motorized vehicles and non-motorized vehicles like pedal bikes. In these states, operating a motorized bike under the influence might be illegal, but riding a non-motorized bicycle after consuming alcohol may not be against the law.
When Legal Counsel is Necessary
A DUI conviction can significantly impact your driving privileges, car and bike insurance rates, and even insurance coverage if you’re injured while biking. If you were drinking, crashed your bike, and sustained injuries, your health insurance provider might deny your claim, leaving you responsible for medical expenses.
The financial repercussions of a bicycle DUI extend beyond medical bills. Fines can range from $500 to $5,000, making a DUI a costly offense. Furthermore, a DUI conviction on your permanent record can hinder job opportunities, particularly those involving driving. Your driver’s license may be suspended, and you could face jail or prison time.
A DUI defense attorney can be invaluable in such situations. They understand your legal rights and the complexities of DUI cases. Even if conviction is unavoidable, your Florida DUI lawyer can negotiate for reduced penalties or explore the possibility of expungement after fulfilling specific conditions.
Having a DUI on your permanent record can have long-lasting negative consequences. Contact The Denson Firm today for a free case evaluation to understand your options and protect your future.
