Driving under the influence (DUI) charges result in serious penalties, including jail time and a driver’s license suspension. Drunk driving is a dangerous choice that puts not only the impaired motorist but anyone they encounter at risk of a serious collision.
Police officers can arrest anyone they encounter who displays impaired abilities while driving or who fails a chemical test after they were in control of a motor vehicle. Sometimes, people get arrested for DUI charges in less common situations. Some people may not even be in a vehicle.
Can the state prosecute a cyclist for riding a bicycle while under the influence?
The law recently changed
Historically, state prosecutors have had the option of bringing charges against people who operate bicycles on public roads while over the legal limit for their blood alcohol concentration (BAC) or while visibly intoxicated. The state also had the option of prosecuting those who rode horses on public roads while impaired.
That has changed in recent years. Lawmakers amended the DUI statute to ensure that it specifically applies to motor vehicles, not to bicycles or horses. While it could still be quite dangerous to ride a horse or bicycle while under the influence, doing so typically does not lead to DUI charges.
The state could pursue other charges related to public intoxication or reckless behavior, as well as charges related to any traffic violations committed by a drunk cyclist. People may also be at risk of injuries due to mistakes they make while riding.
Discussing circumstances that lead to pending DUI charges or other criminal allegations can help people develop a defense strategy. There are numerous ways for people to challenge DUI charges if they take their cases to trial.