When we speak of DUI, it is typically assumed that the vehicle involved is a car or truck. But you love cycling and sometimes do it after downing a few glasses of your favorite wine. So, you’re wondering, can I get a DUI on my bicycle in DC?
Believe it or not, it is possible to be charged with DUI while riding a bicycle in D.C. because bicycles are classified as vehicles; the DUI statute also applies to them.
In 2010, the D.C. Court of Appeals faced this issue in Everton v. District of Columbia. The court had to decide whether a bicycle constitutes a “vehicle” under D.C.’s DUI statute. The court found that a bicycle is covered under the District’s definition of a “vehicle.” At the time, the definition encompassed anything that moved using wheels or traction treads, including draft animals, street cars, and beasts of burden.
Does implied consent apply to cyclists?
Implied consent does not apply to cyclists because you don’t need a driver’s license to cycle. However, automobile drivers stopped for suspicion of drunk driving must submit to chemical testing under implied testing laws.
That said, in August 2012, the D.C. Council passed the Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (“The Act”). The act contained the same definition of a “vehicle.” However, a “motor vehicle” is defined as “all vehicles propelled by internal combustion engines, steam or electricity.” The distinction between a “vehicle” and a “motor vehicle” is very important for individuals charged with DUI-bicycle.
The act contains an “Implied Consent” (I.C.) component, which states that if a police officer has reasonable grounds to believe that a person was operating a motor vehicle while under the influence of drugs or is drunk, then that person shall have consented to submit two specimens of blood, breath or urine for chemical testing.
If the person refuses to submit the specimens, there are potential negative effects of the refusal, such as suspending driving privileges in the District and using that refusal as evidence at trial.
However, since bicycles aren’t motor vehicles, cyclists aren’t required to submit to chemical tests, and their refusal cannot be used against them in court.
What is the evidence to prove a bicycle DUI?
Evidence to show impairment in operating a bicycle safely includes an arrest report and the police officer’s testimony of the unsafe cycling.
The evidence can also include the defendant’s statement and performance on field sobriety tests. However, since chemical testing is not permitted in the state, there is limited evidence that can result in convictions.
The Everton case was an unfortunate example of judicial overreach, where a unique set of facts resulted in a bad legal precedent. The severe penalties and consequences of the act are based partly on the risks of driving a 4,000-pound machine propelled by explosive chemical reactions at potentially high speeds with blood alcohol content (BAC) above the legal limit (0.08%).
Penalties for Cycling Under the Influence
Cycling under the influence attracts similar penalties to driving under the influence of alcohol or drugs. These include potential jail time, driver’s license suspension, fines, and installation of an ignition interlock device. Also, biking under the influence counts as a DUI if you are charged with a subsequent DUI.
Although evidence for drunk bicycling is limited, the conviction penalties are serious, so you should work with an experienced Washington DC DUI lawyer to get the charges dropped.
What other criminal offenses can you face instead of DUI on a bike?
Aside from a DUI on a bicycle, an officer can charge you with public intoxication, reckless driving, disturbing the peace, and reckless conduct.
Disorderly conduct includes obstructing pedestrian or vehicular traffic without lawful authority. When riding a bicycle on the road while sober or intoxicated, you shouldn’t unreasonably obstruct traffic. If you swerve into a roadway, creating an unsafe traffic situation, you can be charged with reckless conduct, a misdemeanor.
Reckless endangerment is a gross misdemeanor that can create a situation that leads to serious physical injury or death. If your drunk cycling causes an accident, you can face harsh charges.
What are the risks of riding a bike under the influence?
One glass of alcohol can impair your vision, muscle coordination, and judgment. This results in loss of ability to balance and slower reaction times. Cyclists are six times more likely to get into bicycle accidents and sustain serious injuries after having one drink. When your blood alcohol concentration is above the legal limits, your risk of injury increases by 2,000%.
Have a DUI on a bike? Consult with a professional DUI lawyer today
If you’re facing charges for cycling under the influence, contact Bruckheim & Patel.
Our attorneys work hard to represent clients and help them fight DUI-related charges. We’ll meet with you and build a foolproof defense. If you’d like to increase your odds of getting out of the cycling DUI charge, contact us today. We’ll be pleased to schedule an initial consultation to get things moving!
