Can I get a DUI by riding a bicycle?

Can I get a DUI by riding a bicycle?

Being convicted of Driving Under the Influence, or better known as a DUI, is a major disruption for every area of your life. Primarliy, due to the fact that you may be unable to drive as your license has been suspended. But does this apply if you were not driving a car but rather riding a bicycle? In this article we will unpack what this looks like and what (if any) effect this could have on your daily routine as you now know it. 

Is a bicycle the same as a car? 

In order to answer this question correctly, we must first define if a bicycle is a vehicle within the meaning of the Vehicle Code. Below is the list of criteria that defines a vehicle (device a person or property) can:

• move
• propel
• be drawn on a highway

Only exceptions are:

• device moved exclusively by human power
• used exclusively on stationary tracks or rails

In short, the answer is no, you cannot be given a DUI for driving your bicycle under the influence. However, just because a bicycle does not fall into the Vehicle Code definition or criteria, that does not mean you cannot face severe consequences for being under the influence and operating a bicycle. 

Are there any exceptions I should know about?

There is actually a specific clause within the Vehicle Code that gives an option for a Police Officer to charge you with a misdemeanor if you are operating a bicycle under the influence of alcohol or drugs. Typically, a misdemeanor charge comes with jail time. However, in some States, this one only allows you to be charged up to $250 while in other States you could be facing the same jail time as if you were driving a car. This typically falls under the category of public drunkenness or even reckless driving. These charges are just as severe in the case of a bicycle as a car, due to the fact that each State within the United States can write their own laws and guidelines for such cases. Given that each and every person is unique, their circumstances are unique. No single case is exactly the same as another, making it that much more important to know the DUI/DWI laws within your State. 

Conclusion

If you are seriously seeking to obtain a safe way home after consuming alcohol, then it is in your best interest to do every single thing in your power to aviod being convicted of a DUI/DWI and hire an experienced and professional lawyer. One who is well versed in DUI law and is capable of not only helping you understand your specific circumstance, but equally your options within the State lines you reside in and are applying within. They will be your best asset in successfully navigating your particular and unique process, as well as having endless resources at their disposal in assisting you with the most favorable outcome possible.