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Can I get arrested for DUI on my bicycle?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
In reality, anyone can get arrested for DUI on a bicycle, if law enforcement decides to make the arrest and feels they have justifiable grounds to do so. However, whether this arrest results in being charged with DUI offense, let alone results in conviction, will widely vary. In essence, the definition of what constitutes a “vehicle” in a DUI case varies from state to state, and in certain instances, from local jurisdiction to local jurisdiction. In general, anything operated or conveyed using a motor, including cars, motorbikes, scooters, and motorcycles, among others, will result in a viable DUI charge, if the driver is found with an illegal blood alcohol content. However, bikes, in terms of pedaled bikes without motors, do fall into an ambiguous territory, as they are not motorized, but on the other hand, require adhering to the laws of the road, including exercising a duty of care to protect other drivers, which would include not being intoxicated while sharing the roadway.
If you have been charged with a DUI offense for riding a bicycle while intoxicated, consulting with a lawyer is your best chance at having these charges dismissed. In practice, a number of highly case-specific elements will play a role in determining whether the criminal charges are legally viable, and from a legal perspective, only an attorney can offer competent counsel and provide adequate representation to defend against the DUI charges.
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