Can I get a DUI on a bicycle? 50 Answers as of June 21, 2012

I have a hearing for my first DUI. I just can't believe that I will get it riding a bike. Is it serious?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I'd recommend you retain a lawyer to help you or you ask the court for legal counsel.You have a right to counsel. Don't be afraid to exercise that right. The answer depends on the circumstances.
Answer Applies to: Michigan
Replied: 6/21/2012
Law Offices of Douglas J. Lindsay
Law Offices of Douglas J. Lindsay | Douglas J. Lindsay
Yes... a bicycle is included and defined as a "vehicle" under Michigan law. Take this circumstance seriously ... consult an attorney.
Answer Applies to: Michigan
Replied: 4/2/2012
Law Office of Brian K. Wanerman
Law Office of Brian K. Wanerman | Brian K. Wanerman
You can't be charged with DUI because the code sections for this offense exclude bicycles. However, there is a separate code section in California for cycling under the influence. Also, if you caused damage or injuries you could be charged with reckless endangerment or one of many other crimes.
Answer Applies to: California
Replied: 3/26/2012
Robert Mortland
Robert Mortland | Law Office of Robert Mortland
Yes. This is serious. You can get a DUI on a bicycle.
Answer Applies to: California
Replied: 3/26/2012
Harrison & Harrison
Harrison & Harrison | Samuel Harrison
Yes. Bicycles are considered vehicles.
Answer Applies to: Georgia
Replied: 3/26/2012
    Law Office of Elizabeth B. Carpenter, Esq.
    Law Office of Elizabeth B. Carpenter, Esq. | Elizabeth B. Carpenter
    Louisiana revised statute 14:98 reads in pertinent part "operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance." Other means of conveyance could be a moped, scooter, bicycle, four-wheeler, etc. The answer is yes, it is legal and possible to receive a DWI while riding a bike.
    Answer Applies to: Louisiana
    Replied: 3/23/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    DUI usually is charged when a person operates or attempts to operate a "MOTOR VEHICLE" since a bicycle doesn't fit the definition of a motor vehicle, it would require a different charge, such as public intoxication.
    Answer Applies to: Kansas
    Replied: 3/23/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You can be convicted of DUI is you are on a bicycle. Normally, you might be able to get this one reduced to public intoxication, unless you were riding your bicycle on a public highway.
    Answer Applies to: Alabama
    Replied: 3/23/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    I have never heard of anyone in Mississippi being charged with DUI on a bicycle. The DUI statute appears to me to only apply to operation of motor vehicles. I advise you to hire an experienced DUI attorney.
    Answer Applies to: Mississippi
    Replied: 3/23/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    This is an unsettled area of the law. The bicycle code says that a bicycle is subject to the motor vehicle code but the motor vehicle code defines a vehicle as needing a motor. This is an arguable issue. You need an attorney.
    Answer Applies to: Michigan
    Replied: 3/22/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You can't.
    Answer Applies to: Michigan
    Replied: 3/22/2012
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    The short answer under Oregon Law is yes. The statute for Oregon states driving a 'vehicle' not a motor vehicle, while under the influence of intoxicants. A DUI on a bicycle is often times referred to as a PUI (pedaling under the influence) but is charged under the same status as a DUI. A DUI conviction in Oregon carries a maximum penalty of 1 year in custody and a $6,250 fine. A DUI conviction also has a minimum of 2 days in custody and a $1,000 fine. It is important to work with a DUI Lawyer who can help.
    Answer Applies to: Oregon
    Replied: 3/22/2012
    Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
    You can't get a DUI on bicycle, assuming it does not fall under the definition of a motor vehicle and is a fully self-propelled bike.
    Answer Applies to: Michigan
    Replied: 3/21/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    The DUI statute in Minnesota covers "motor vehicles". If you were driving a motorized bicycle, the DUI statute would apply. If your bicycle is pedal-powered only, the DUI statute does not apply.
    Answer Applies to: Minnesota
    Replied: 3/21/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    DUI is a serious offense and yes it does apply to a bike.
    Answer Applies to: Nebraska
    Replied: 3/21/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    No, you cannot be convicted of dui for riding a bicycle. In Nevada, the charge of dui involves operating a 'motor vehicle' which is defined by law as 'self propelled' and a bicycle does not fit the legal description.
    Answer Applies to: Nevada
    Replied: 3/21/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    That is a case that should be dismissed.
    Answer Applies to: New Hampshire
    Replied: 3/21/2012
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    You can NOT be charged with OUI in Maine for riding a bicycle. OUI is restricted to motorized vehicles only, cars, tractors, riding lawnmowers, boats, etc.
    Answer Applies to: Maine
    Replied: 3/21/2012
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    In Massachusetts you cannot be charged with OUI if you are operating a bicycle, even a motorized bicycle. Other states may apply the definition of motor vehicle differently. If the definition of motor vehicle includes bicycles you could be so charged. I know of no state where such a definition exists.
    Answer Applies to: Massachusetts
    Replied: 3/21/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    No. I don't think you can. A bicycle is. Of a motor vehicle. This is ridiculous.
    Answer Applies to: New York
    Replied: 3/21/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    Its as serious as a dui in a car.
    Answer Applies to: California
    Replied: 3/21/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    You can get a DUI for riding a bike. Assuming it was not a motorized bike, the potential consequences should be less than the max for a motorized DUI (ie. a car, motorcycle, etc).
    Answer Applies to: California
    Replied: 3/21/2012
    Law Offices of Eric J. Bell | Eric J. Bell
    In Illinois you cannot get a DUI on a bicycle.
    Answer Applies to: Illinois
    Replied: 3/21/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    I don't think so. Even if you were riding a bicycle on a public street, I don't think it counts as a motor vehicle for purposes of the DUI law. If the court does not dismiss on its own motion, a good lawyer can make a pre-trial motion to dismiss for you.
    Answer Applies to: Georgia
    Replied: 3/21/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    No. You must be operating a motor vehicle in order to get a DUI. A bicycle has no motor.
    Answer Applies to: West Virginia
    Replied: 3/21/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    In New york State you have to be operating a motor vehicle or a boat, not a bicycle or wheelchair. Retain a good criminal lawyer to get the charge dismissed. If the bike had a motor you may be charged.
    Answer Applies to: New York
    Replied: 3/21/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    One can be DUI on a bike, horse, golf cart, etc. if he is driving on a road.
    Answer Applies to: Pennsylvania
    Replied: 3/21/2012
    Aaron Black Law
    Aaron Black Law | Aaron Black
    In Arizona you cannot get a DUI on a bike.
    Answer Applies to: Arizona
    Replied: 3/21/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Yes. You need to meet with a lawyer as it is funny but serious.
    Answer Applies to: Florida
    Replied: 3/21/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    I don't think you are getting charged with DUI since it requires you to be operating a motor vehicle... unless your bike was motorized. You could, however, be charged with impairment. My advice... hire an attorney who can more easily review the charges against you.
    Answer Applies to: Washington
    Replied: 3/21/2012
    Tennison & Soberon-Llort, PL | Christina Soberon-Llort
    You can be convicted of DUI for riding a bicycle while under the influence, unfortunately. The DUI law applies to anyone operating a vehicle (as opposed to anyone driving a motor vehicle). Because a bike is considered a vehicle (not a motor vehicle), it is subject to the DUI laws. However, there is a good legal argument that any breath test results should not be used against you, nor should the refusal to submit to those tests be used, because the implied consent law for submitting to those tests is only for those who are operating a motor vehicle.
    Answer Applies to: Florida
    Replied: 3/21/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In Illinois, you must be driving/operating a motorized vehicle, and would not be charged with a DUI. I would assume you live in another state, and should consult with an attorney in that state to find out the law and how it applies in your case.
    Answer Applies to: Illinois
    Replied: 3/21/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    It is possible to get a DUI on a bike but the bike must be motorized. A pedal bike does not meet the elements for a DUI.
    Answer Applies to: Minnesota
    Replied: 3/21/2012
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    This will take a closer reading of the law and the case holdings in NYS. However, it would appear to me that a DWI means driving a motor vehicle while intoxicated and a bike is not a motor vehicle. However, Colorado has convicted people for DWI on a bike, so it's not unfathomable to have it happen in NY. It just doesn't seem fair to me, however. Good luck.
    Answer Applies to: New York
    Replied: 3/21/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    This is possible - it should not affect your driving privilege.
    Answer Applies to: Colorado
    Replied: 3/21/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    A DUI must be on a motorized vehicle. If you bike has a motor, then you could have a DUI.
    Answer Applies to: Illinois
    Replied: 3/21/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Yes, you can be charged with DUI on a bike, although there are no drivers license consequences from it. It is always best to talk in person to an experienced DUI lawyer to help with these types of cases.
    Answer Applies to: Colorado
    Replied: 3/21/2012
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    No. You have to be driving a motorized vehicle.
    Answer Applies to: Minnesota
    Replied: 3/20/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Yes it is serious a bicycle is considered a motor vehicle. That said, contact us if you retain our law firm we will work towards having the case dismissed.
    Answer Applies to: New York
    Replied: 3/20/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You cannot get a DUI for riding a bicycle. DUI means driving or being in control of a motor vehicle. You may have a biking while intoxicated or public intoxication charge. It is serious, because the police cited you under the belief that you are too stupid to take care of yourself.
    Answer Applies to: Georgia
    Replied: 3/20/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    No. DUI specifies "driving."
    Answer Applies to: California
    Replied: 3/20/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Yes, with all the same penalties as if in a car = jail, fines, loss of license, etc. Of course you can fight the criminal charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential ?time? and other penalties you face. No amount of free 'tips and hints' from here or elsewhere are going to effectively help you in your legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, charge reduction, or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help, using whatever defenses there may be. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.
    Answer Applies to: California
    Replied: 3/20/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    No! It must be a motorized vehicle. You have a 100% defense with a good attorney.
    Answer Applies to: Texas
    Replied: 3/20/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Yes. VC 21200.5. Driver's license can't be suspended, though.
    Answer Applies to: California
    Replied: 3/20/2012
    Law Office of Evan E. Zelig
    Law Office of Evan E. Zelig | Evan E. Zelig
    A DUI charge is for the operation of motor vehicles under the law. Depending on what type of "bike" you were riding, it may or may not be considered a motor vehicle under the law. It would be a very good idea to contact an attorney regarding your case prior to your hearings so you are prepared to go forward with the best possible defense available.
    Answer Applies to: California
    Replied: 3/20/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    There is a section for biking under the influence, but in order to get a DUI, you have to be in a motor vehicle. Biking under the influence is an infraction that carries a maximum of a $250 fine, but is NOT a DUI.
    Answer Applies to: California
    Replied: 3/20/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Yes. You need to take it seriously as if you were driving a car.
    Answer Applies to: Nevada
    Replied: 3/20/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Not funny if you are wasting lawyers' time in answering your question. No DWI or DUI on bike - it is not a motor vehicle. But, you could get a PI.
    Answer Applies to: Texas
    Replied: 3/20/2012
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