Can you get a DUI for riding a bike?

On Behalf of | Oct 15, 2024 | Criminal Defense, DUI Defense |

The image of a DUI often involves flashing lights and a car pulled over to the side of the road. But what about bicycles? Can you still get in trouble with the law if you ride a bike instead of driving a car after having a few drinks?

In Florida, you can encounter DUI charges while riding a bicycle if your blood alcohol content (BAC) is over 0.08%. This is because the law often defines “vehicle” broadly, encompassing not just cars but also bicycles, scooters, boats and even horses in some cases.

Similar penalties as if you were driving a car

Penalties for a bicycle DUI in Florida can be severe:

  • Jail time: First-time offenders face up to six months in jail.
  • Fines: A DUI conviction can lead to fines of up to $1,000.
  • License suspension: The court can suspend your driving privileges, even if the DUI involved a bicycle.
  • Probation: The court may require you to do regular check-ins with a probation officer and potentially drug or alcohol testing.

While it might seem unfair to equate bicycling under the influence with driving a car in the same condition, the law aims to protect both the impaired individual and others on the road. An intoxicated cyclist can still cause accidents, injuries and property damage.

It is important to note that law enforcement officers must have probable cause to stop a cyclist for intoxication. This could include observing erratic behavior, swerving or violating traffic laws. They may order field sobriety or breathalyzer tests, just as they would for motorists.

Do not fight DUI charges alone

A DUI charge on a bike may seem less severe than one in a car, but it carries significant consequences. Enlisting an experienced criminal defense attorney in Florida when defending yourself against these charges is advisable.