DUI stands for driving under the influence. What if you’re on the road and not driving? Can you get a DUI on a bike? The answer is yes. If you’re in any kind of vehicle on public roadways while intoxicated, you can get a DUI. That includes bicycles under the laws of Colorado.
If you are accused of riding your bicycle while intoxicated or impaired, the court will treat you the same as if you were driving a motor vehicle. Christian A. Schwaner will work hard to defend you against charges of DUI, even in an unusual situation like DUI on a bike.
How does the BAC Affect My Penalties?
In Colorado, if your BAC is over 0.08% and you’re driving, then you’re subject to a DUI no matter what vehicle you’re in. However, a lower offense called DWAI, or driving while ability impaired, could be used with if your BAC is over 0.05% and below 0.08%.
Like with DUI, you could receive fines, jail time, and community service. They are less than DUI penalties but still significant enough that you could lose your job and create significant hassle in your life. These penalties make it risky to ride bicycles while consuming any kind of alcohol.
If you are underage and caught with any alcohol in your system while riding, you will face the charge of underage DUI. If this is your situation, call our office immediately for legal advice.
For a free legal consultation, call (719) 440-6720
What About Marijuana Use and Riding?
Again, just because you’re not operating a dangerous vehicle doesn’t mean you won’t face strong consequences if you use public roads on a bicycle. Riding a bike under the influence of drugs can still land you in hot legal water.
There is a legal limit of 5 ng/ml for THC intoxication. However, if a blood test returns a result higher than that, you’ll have a much harder fight. The courts and jury can conclude you meet the legal standard of DUID.
DUI on a Bike Is Risky
DUI laws preserve public safety, and drunk cyclists are still dangerous to themselves and other riders. It’s all too easy for a cyclist to cause a driver to swerve out of the way and cause an accident.
It’s also dangerous for your financial health and your freedom.
If you show signs of intoxication or reckless riding and an officer detains you, you could be asked to undergo a sobriety test or take a breathalyzer. These tests can give the officer cause to arrest you for DUI.
One difference is that you probably won’t face a license revocation for being drunk on a bike. Cyclists are not required to be licensed, so there are no grounds to revoke your driver’s license. However, you’ll still face fines, jail time, probation, and community service penalties.
Work with a Former Prosecutor for Your Defense
Christian A. Schwaner is a former special prosecutor in Pueblo and Canon City and a former Deputy DA in El Paso and Teller counties. He knows how the law works on both sides of the aisle. When you’re facing a crime as aggressively prosecuted as DUI, you need someone that can think like a prosecutor.
Using the defense that you weren’t driving a car will not work for DUI defense. A poor defense can put you at significant legal risk. Mr. Schwaner will defend your rights to the full and fight back against the accusations of the state.
Contact our office for a free initial consultation if you live in Colorado Springs or its suburbs and you’ve been charged with a DUI on a bike. The sooner you act, the better. We can even consult with you while you’re in jail and waiting for your arraignment.