Can You Get a DUI while Riding a Bicycle

A recent WalletHub survey found that Arizona has the strictest DUI laws in the country.

If you are wondering whether these same strict penalties apply to riding a bicycle, the short answer is “perhaps”.

Arizona DUI law requires the alcohol-impaired operation of a “motorized” vehicle, which does not apply to a traditional bicycle since the pedals must be operated with human power.

As such, the state’s DUI law excludes the majority of bicycle riders.

A unique exception can occur, however, if the bicycle rider is operating a motorized bicycle and is pulled over while the bicycle’s motor is engaged.

In such an instance, the literal reading of the statute could apply to the bicyclist, thereby justifying a DUI charge.

Alternatively, if the bicyclist was simply pedaling the motorized bicycle — meaning the motorized bike’s motor was not engaged — then a DUI charge should not be made.

Even so, a bicyclist who is drunk may still be charged with unlawful behavior such as:

  • Public intoxication
  • Reckless behavior
  • Disturbing the peace

If you have been charged with a DUI while riding a bicycle or a lesser charge like public intoxication, make sure to protect your legal rights by reaching out to an Arizona criminal defense lawyer.

Contact Tyler Allen Law Firm to get the best possible defense. 602-456-0545.

Sources:

http://tucson.com/news/local/survey-shows-arizona-has-the-strictest-dui-laws-in-the/article_be4ca04a-7dd0-11e7-9dce-87abf98744c4.html

https://www.azleg.gov/ars/28/00101.htm

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