Florida’s DUI laws state that drivers with a BAC of 0.08% or higher can be charged with a DUI. Most people don’t realize that you can be charged with a DUI if you are biking while intoxicated. Since a bicycle is considered a vehicle under Florida law, you must follow traffic laws. This includes laws governing drinking, or using drug or medications that may impair your abilities. If you have been charged for biking under the influence, you should consider calling a DUI attorney.
Florida leads the nation in bicycle fatalities. And many of those fatalities involve alcohol. Florida takes any type of DUI seriously, whether it be with a car, boat, motorcycle, or bicycle. In 35% of accidents that caused a bicyclist’s death, either the driver or the bicyclist had blood alcohol concentrations of 0.08% or higher.
A number of biking DUI cases have worked their way through our legal system. In general, these cases have confirmed that bicyclists must follow vehicular laws, and punishments can be part of cumulative DUI punishments. A bicycling DUI can be added to your DUI total.
Just as with a DUI, you can be stopped for probable cause. You may be asked to take a blood, breath or urine test. This is a grey area because you do not have to have a license to operate a bicycle. However, if you fail the test, have drugs on your person or bike, or admit you were intoxicated, you can be charged with a DUI.
What are Biking While Intoxicated Penalties?
If this is your first conviction, you can face serious and expensive penalties. The courts have, in general, upheld these punishments for a biking while intoxicated conviction.
- Fine – $250 to $500
- DUI School – 12 Hours
- Community Service – 50 Hours
- Probation – Not more than 1 Year
- Imprisonment – Not more than 6 Months
You may think that biking home from the bar is safer than driving. It may or may not be, but remember it carries the same penalties as drunk driving. Unfortunately, in Florida, walking home can land you in jail, as well. So, plan ahead, and use a taxi or designated driver. However, if you are charged with a DUI or BUI, remember that Brian Mallonee may be able to help you.
Brian H Mallonee
When you find yourself in need of a Fort Pierce DUI attorney, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. He has an extensive history of winning difficult cases. You can rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in Florida. Contact Port St Lucie criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.