Can You Get A DUI On A Bike?

First, understand that public intoxication, also called “drunk and disorderly conduct,” is a misdemeanor offense in most of the United States.If convicted, you could face up to a year in jail and a fine between $500 and $2,500. It ultimately depends on how unruly you are and how much trouble you cause.

Public intoxication can be charged if you are just walking down the street or on a bike while intoxicated and behaving in a disruptive manner.

You can be charged with a DUI if you are impaired by drugs or alcohol while operating a vehicle. In some states, the term is “driving while intoxicated” (DWI). In Wisconsin, it is “operating while intoxicated” or OWI. Although the legal terms differ slightly, the related charges tend to carry similar penalties based on impairment while attempting to operate a vehicle.

In the United States, legal impairment occurs if you have a blood alcohol concentration or BAC above 0.08%. Utah is the outlier because you are criminally liable with a minimum BAC of 0.05%.

Getting arrested for a bike DUI or public intoxication depends on whether the state sees a bicycle as a vehicle in the first place. For instance, Arizona and Virginia do not consider bikes to be vehicles. Additionally, Arizona lacks a statute for public intoxication. Meanwhile, California Vehicle Code 21200.5 VC makes impaired bicycling illegal.

For these reasons, it would be best to be mindful of state DUI laws and the potential punishments you could face if you get caught biking while intoxicated.

Do not think that refusing to take a breathalyzer protects you from getting arrested for a DUI. A police officer can look at evidence such as obvious impairment to determine whether you are guilty of driving while intoxicated. In such an instance, refusing to submit to a breathalyzer can likely still cost you your license.

In Florida, not submitting to a breathalyzer test for your first DUI could mean losing your driver’s license for one year. The period varies from state to state, but ultimately, you can anticipate not being able to drive for a while if you refuse a breathalyzer.

Blood Alcohol Concentration (BAC) Levels on a Bicycle

Just like when driving a vehicle, a person’s BAC is dependent on a number of different variables, but the primary indicator is the amount of alcohol a person has consumed and over what period of time. Drinking more alcohol over a shorter period of time causes blood concentrations to rise.

There are recognizable indications associated with increasing blood alcohol concentrations:

• BAC of 0.02%. At this concentration, mood is affected and judgment to a lesser degree, as well.
• BAC of 0.05%. More filters come off and behavior can become exaggerated and more noticeable. Coordination and muscle control may be affected.
• BAC of 0.08%. Processing speed has slowed sufficiently to impair perception and coordination, making reaction times also slower.

Additionally, most states now impose additional penalties on drivers who have BACs that are considered dangerously high. Persons with a high BAC are more likely to be involved in fatal traffic accidents. In most states, a BAC of 0.15% or higher incurs more severe penalties.

Things That Can Affect BAC

Remember that not everyone metabolizes alcohol at the same rate. Two people drinking the exact same amount of alcohol may not have the same BAC numbers. That’s because of differences between people and the circumstances surrounding the consumption of alcohol.

The speed at which alcohol is metabolized depends on the conditions of the person consuming it, including:

• Body size and composition
• Food eaten
• More alcohol consumed in less time

Other factors include hormone levels, medication the person is taking, mood or fatigue level, as well as the type of drink or mixer.

Should you get convicted of a bicycle DUI, the potential punishment depends on the state. For example, California bike riders charged for impaired bicycling will not get jail time. However, a conviction comes with a fine of $250.

Even if your state does not have a bike DUI law, it is possible that you might, alternatively, face a misdemeanor reckless driving charge.

Perhaps the best way to avoid having an officer charge you with a bike DUI is to be as polite and cooperative as possible. It may be possible for that officer to arrange for you to get home or to be transferred to a treatment center or hospital to be safely held until you are sober. If you are cooperative instead of violent and belligerent, this could go a long way toward outright avoiding a bicycle DUI charge.

If you find that you need to fight a bike DUI, seek a lawyer with experience with this particular charge and proven success at helping clients avoid a conviction or negotiate for the fairest and least inconvenient punishment possible.