There are around 90 miles of designated bike trails weaving around Fort Myers. That includes the trails crossing through Sanibel Island and some of the hard-packed sand trails along the coast.
Bottom line: There are plenty of opportunities to pump up the pedals and enjoy a bike ride all around Fort Myers. Bikes are also a viable alternative form of transportation that you can use to go to work or ride to your favorite pub or bar. If you’ve overindulged, you might think riding a bike is safer than driving a car.
Actually, that might not be the best option when you consider whether it’s legal to ride a bike while intoxicated.
In Florida, bicycles are considered vehicles. That means that cyclists are subject to the same traffic laws as drivers, including all the laws regarding driving under the influence (DUI). It might not seem that “driving” would apply to “biking,” but when it comes to a DUI, they are the same.
If you’ve gotten into trouble with the law while riding a bike, you must resolve the matter quickly.
The Fort Myers DUI lawyers you’ll find at Titan Law have helped many clients who were arrested for a DUI get their charges dismissed or significantly reduced. That includes cyclists.
Here’s what you need to know about riding a bike while intoxicated.
DUI Laws for Bike Riders
Florida Statute 316.193 lays out what is considered a DUI and what the impact would have on anyone convicted of the charge. That statute begins with the following definition:
“A person is guilty of the offense of driving under the influence and is subject to punishment … if the person is driving or in actual physical control of a vehicle within this state.”
As mentioned, a bike is considered a “vehicle.” It doesn’t matter if you are riding just a few blocks from your home; if you are stopped, tested, and fail, you could be placed under arrest and charged with a DUI. To be considered under the influence, you need to have a blood alcohol content (BAC) of .08% or higher. That number can be found with a breathalyzer test administered by a police officer at the site of the stop. If you fail the breathalyzer, you could be subjected to a blood test for further confirmation.
Fortunately, those results do not always signify that the case is closed. There are options to pursue when you have a skilled DUI attorney as your advocate.
The Impact of a DUI Conviction
The main reason you want to retain the services of an experienced lawyer is to avoid the potential fines and jail time that a judge can hand down. If you are convicted as a cyclist, you could be fined from $500 to $2,000, depending on how high your BAC registers.
A judge can also order you to perform several hours of community service and mandatory alcohol counseling. Additionally, you could face up to six months to a year for a first offense.
Although you don’t need a driver’s license to ride a bike, the judge in your DUI trial could suspend your license and impound your bike for a certain period of time.
It is important to remember that any DUI arrest and subsequent conviction will be a matter of public record. Those records will be available to anyone who might rent you an apartment, provide you with a loan, or hire you for a job. That is why you want to resolve the matter as quickly as possible.
Defending Against a Bicycle DUI Charge
If you’ve been arrested and charged with a DUI while riding a bike, you might feel embarrassed about the situation. That should not prevent you from speaking with an attorney ASAP to discuss your options for defending against those charges.
As the DUI attorneys at Titan Law will tell you, the same rules apply to a traffic stop and to stopping someone on a bike. The police need a reasonable suspicion to stop a cyclist and then proceed with their tests based on probable cause. Any deviation from those rules can be grounds for dismissal.
Challenging police procedures is not the only defense. We can also challenge the results of your BAC tests. Marginal errors, chain of custody issues, and administration issues all come into play.
You have a limited time between the arrest and scheduling a court appearance to contest what happened.
Call Titan Law today for guidance about what should happen next.
