It is common sense that driving a car or other motorized vehicle while under the influence of drugs or alcohol is unacceptable—but what about riding a bicycle? While it is clearly a bad idea to operate any kind of mechanical transportation, motorized or not, riding a bicycle while under the influence sometimes seems to fall under a gray area.
DUI on a Bicycle in Florida
Can you get a DUI for riding a bicycle while under the influence? In short, yes. Some states do not consider bicycles vehicles. Florida, however, does. Florida, alongside Colorado, Ohio, Oregon, and Hawaii all have statutes that consider bicycles to be “vehicles” which are powered by humans. Because of these statutes, these states all consider bicycling while under the influence a crime. DUI laws in Florida state that a driver operating a vehicle with a blood alcohol content of 0.08 or higher is considered to be driving under the influence. Additionally, if a driver is operating a “vehicle,” whether it is a bike or not, if their ability to drive is impaired, they are considered DUI.
Bicyclers under the influence may face potential DUI consequences depending on the scenario. While those operating a bicycle under the influence may be charged under a drinking and driving statute, most states do not apply the same penalties to a driver’s license as they would for a regular DUI conviction. In Florida, it may be dependent of the situation, but there have been a myriad of cases involving bicycle DUIs where the case was treated like a traditional DUI case. Traditional DUIs can carry severe penalties including jail time, fines, and license suspension, so if you are facing DUI charges, contact the Khonsari Law Group right away.
It is always important to avoid operating any vehicles, including bicycles, after you have been drinking. Plan on walking home, calling a cab, or having a designated driver before drinking. DUIs are expensive and can seriously impede your life for a year or more, so think before you drink and bike.
If you or a loved one is facing DUI charges, it is imperative to have a skilled dui attorney on your side. The legal team at the Khonsari Law Group is experienced in handling an array of DUI charges. Contact the Khonsari Law Group today for a free consultation.