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    Home»Law»Can I Get Arrested For DUI While Riding Bike?
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    Can I Get Arrested For DUI While Riding Bike?

    JonesBy JonesNovember 28, 2023No Comments3 Mins Read

    According to federal law, riding an electric bike does not need a driver’s license.  A motorist who has lost their license due to a DUI has always found comfort on an electric bike. Even if you do not have your license, you can still ride an electric bike to work, school, or any place. After the holidays, smart electric bike sellers profit from the “just lost your license” crowd.  

    Consider purchasing an electric bike instead of compromising your freedom by operating a car while your license is suspended if you have lost your license due to a DUI or another offense. If you get arrested for DUI while riding an electric bike, contact an attorney from a reputable law firm.

    Can I get convicted for DUI on a bike?

    Bicyclists have traditionally received preferential treatment from police officers when it involves BWI.  A drunk driving a car is much more dangerous than a drunk at the handlebars of a bicycle.  Regardless of state rules, you are less likely to have a DUI check conducted if you pass a police officer while riding a bicycle. In addition, since you do not harm anybody else, the police or the court should be lenient if you get investigated and caught.

    Can I get arrested with criminal charges for riding a bike while drunk?

    It is still possible to be arrested and prosecuted for other offenses even if you are not charged with DUI for riding while drunk. Other criminal charges for riding a bike while intoxicated include the following:

    • Public intoxication, 
    • Violent behavior, 
    • Harming children and/or 
    • Disturbing the peace. 

    Are there any legal defenses you might use?

    You can raise several legal defenses if you have been arrested with a bicycle DUI or a full-blown DUI for driving while intoxicated. The following are two of the most common:

    • When the police pulled you over, there was no explanation to believe that you were breaking any traffic rules and
    • You were not “under the influence” of alcohol when arrested for DUI.

    To prove that you were not under the influence of alcohol, you must generally show:

    The results of the blood or breath test show that your blood alcohol content (BAC) was below or not above the legal limit, and the other symptoms of your impairment are not enough to prove the matter beyond a reasonable doubt.

    • The breathalyzer was either improperly calibrated or malfunctioned and/or
    • The field sobriety tests had flaws or were not correctly performed.
    Jones
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