Can You Really Be Arrested for DUI On a Bicycle?

(Last Updated On: October 29, 2018)

Arrested for DUI on a Bicycle? Really?

The term DUI or “driving under the influence” is generally assumed to apply to automobiles and motorcycles.

Thus, many people wonder if they can be given a DUI on a bicycle. Unfortunately, given the many types of vehicles available and their interpretation under the law, this answer is not always clear.

If you are facing a DUI charge that you don’t understand or don’t feel is fair, contact an Arizona DUI attorney for help.

 

Understanding DUI Laws

Arizona DUI laws state that it is unlawful for a person with a blood alcohol concentration of 0.08 or higher to control a vehicle.

Thus, when determining how DUI laws apply to bicyclists in Arizona, it’s important to understand the legal definition of the term “vehicle.”

Arizona state law defines a vehicle as a “device in, on or by which a person or property is or may be transported or drawn on a public highway.”

However, this definition goes on to state that the definition of vehicle specifically excludes “devices moved by human power.”

 

DUI on a Bicycle

Traditional bicycles are, by definition, devices that are moved by human power.

Thus, individuals who are pedaling a bicycle while under the influence of drugs or alcohol should not be charged with a DUI.

However, individuals riding a motorized bicycle with the motor engaged are considered motorized vehicles under the law.

In such cases, it is possible to be arrested for a DUI on a bicycle.

A motorized bicycle can only be considered a vehicle when the motor is engaged.

If you are riding a motorized bicycle without the motor engaged, you cannot legally be issued a DUI.

Do you still have questions about your rights regarding DUI charges in Arizona?

Thrush Law Group is a member of the National College for DUI Defense and we will work with you to ensure that you get the representation you need in a DUI or criminal case.

Posted in Arizona DUI Law.

4 Comments

  1. Wow that was odd. I just wrote an really long comment but after I clicked submit my comment didn’t appear. Grrrr… well I’m not writing all that over again. Anyways, just wanted to say superb blog!

  2. Very nice article and right to the point. I am not sure if this is really the best place to ask but do you folks have any thoughts on where to employ some professional writers? Thanks 🙂

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