Ever thought of going out for a night on the town and truly turn up the fun however were concerned about how you were getting house? Did you then question if you could simply ride your bike up the block to the local tavern and ride it back down after your night of enjoyable? Ideally this article can answer your concerns about whether you can be charged with driving under the influence (DUI) for riding a bike intoxicated.
Prior to I start, nevertheless, let me point out that this article is for informational functions only. I have not done a detailed search of each state’s laws concerning this concern, so your state’s guidelines might be different. Prior to you decide to go out on the town and ride your bike drunk (and even ride your bike after drinking), please consult a lawyer in your location simply to make sure. Also, finally, the goal of this article is not to motivate individuals to ride their bikes intoxicated. Whether it is unlawful, it is dangerous. The sole function of this short article is to address a question lots of people have.
Let’s set the scene here to assist address our question. Let’s state you are at home during the night, in Bellevue or Seattle, Washington, for the functions of the example, and you have a couple of beers while viewing a video game during the weekend. At the end of the video game, hungry for some Dick’s, you get on your bike and make the approximately 1 mile journey towards hamburger paradise. While on your method to the dining establishment, you are stopped by a police officer. The officer keeps in mind that you weren’t riding your bike straight, your breath given off alcohol, and your eyes were bloodshot (side note – you are ensured to see these physical signs almost one hundred percent of the time in authorities reports). After observing these signs, the officer asks if you ‘d want to take some field sobriety tests. You concur, and carry out partially (side note again – in Washington in particular, you should never ever agree to take field sobriety tests – you have no obligation to). At that point you are arrested on suspicion of DUI and taken down to the police station.
Among the fantastic aspects of American law is that the courts have the ability to argue not only the plain language of the law, but the intent of the legislature when producing the law. In this case, an evaluation of the legal intent, combined with a review of other statutes, shows that bicycles were never ever really intended to be consisted of in DUI laws. Initially, concerning legislative intent. The legislature changed the meaning of lorry not to encapsulate bikes for drunk driving functions, however to encapsulate bikes in the traffic guidelines and guidelines. Before this meaning was modified, bikes were not technically required to follow the rules of the road. Including bicycles in the definition of cars permitted that to occur.
Second, the definition for all other DUI related rules appear to include a referral to motor vehicles and need at least exercising control over an automobile. This additional promotes the concept that bicycles and bicyclists were not planned to be covered by DUI statutes. Additionally, the penalty for drunk driving itself doesn’t make good sense with somebody on a bicycle. The primary penalty is suspension of owning benefits – only riding a bike does not need a license. Visit www.duiease.com for more information about Bike DUI.
So, a minimum of in our Washington example, if you ride a bicycle while drunk, you probably can not be founded guilty of DUI. And this rationale appears to apply to most other states as well. However, as I discussed previously, prior to doing anything, please speak to an experienced DUI or criminal lawyer.
If you or someone you know is accused of DUI, even if it’s DUI on a bike, do not wait. Employ a California DUI lawyer today. The earlier you talk with and employ a criminal attorney, the much better your criminal lawyer will be able to help you win your case.