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.
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