Biking under the influence is not a charge most Tennessee residents have heard about. However, in some states, you could face a DUI charge for riding a bicycle while intoxicated, as a 56-year-old Maryville, Tennessee, resident discovered while vacationing on Florida’s Sanibel Island.
According to the Charlotte Observer, The man was stopped for riding a bicycle on the roadway without a front or rear light, which would have resulted in a ticket at most. But further investigations showed that the man was riding while intoxicated, which resulted in DUI charges.
Over 20 States Have Similar Laws
In Florida, cyclists have all the rights and duties over drivers. These rights and duties include driving on the right side of the road and ensuring the safety of other road users.
Also, its DUI laws exclude the word “motorized,” making operating any vehicle on the road while intoxicated illegal. Florida is not the only state where riders face DUI charges for cycling while intoxicated. More than 20 States have similar laws, which include Michigan, Alabama, California, Georgia, Indiana, and Washington D.C.
Tennessee Laws
In Tennessee, cycling while intoxicated may not result in a DUI charge because its statute mentions the word motorized, which makes non-motorized bikes not subject to DUI laws. “This approach applies to the majority of states in America. However, the fact that riding while intoxicated may not result in DUI charges doesn’t mean the rider is free from legal consequences,” says Attorney Christopher W. Adams, Esq. of Adams & Bischoff.
In Tennessee, for example, the rider can face other criminal charges following an arrest for riding while intoxicated. Discharges include reckless endangerment, Public intoxication, and other cyclist-specific offenses.
Penalties for cycling while intoxicated differ with jurisdiction. In States where DUI charges apply, the rider will have similar consequences as they would if they were operating a car while intoxicated.
Penalties for Riding While Intoxicated
Upon a conviction of DUI, a cyclist will be looking at penalties that include fines, jail time, probation, community service, and revocation of their driving licenses. The courts also order the driver to enroll in an alcohol treatment program as a condition for the reinstatement of their driving privileges. Besides the criminal penalties, the rider will have to contend with the high insurance premiums that come with the conviction of DUI.
If you live in a state where riding while intoxicated does not constitute DUI, resulting penalties will depend on the charges pressed against you. For example, reckless endangerment is a misdemeanor offense in most states and carries penalties that do not exceed one year. Other penalties include fines, probation, and community service. However, if the reckless endangerment resulted in Injuries or death, the cyclist may be looking at felony charges that may attract certain penalties.
Irrespective of the state you live in, a conviction for any offense relating to riding a bicycle while intoxicated will leave you with a criminal record that could have life-changing consequences. For example, if a hiring employer has the choice between you and a person with a clean record, your criminal record can be the tie-breaker seeing you lose out on the opportunity.
Get a Lawyer
If you are arrested for riding while intoxicated, it’s important to consult a lawyer for help improving your outcome. For example, where the odds are against you, they could negotiate for a favorable plea bargain deal or leverage restorative justice options available under your circumstances.
The quality of your legal representation matters a lot, so you must be careful when picking one. Some things to look for when hiring a lawyer include their experience, expertise, specialization, and success rate.
Media Information:
Adams & Bischoff
171 Church St
Suite 360
Charleston, SC 29401
(843) 920-4472
