Can I Get Arrested for a DUI While Biking in FL?

Can I Get Arrested for a DUI While Biking in FL?

Many people in Miami ride their bicycles to get from one place to another, for exercise, or for recreational purposes. In order to avoid getting a DUI, many people believe biking is a viable alternative because they are not driving a vehicle. 

Unfortunately, it is still possible to get charged with a DUI for riding a bike while impaired. According to Florida law, any “driver” of a “vehicle” with a blood alcohol content (BAC) of .08 percent or more or while intoxicated. 

A “vehicle” is essentially defined as a device that any person or property may be transported in. In other words, you can be charged with a DUI for riding a bicycle, riding a horse, or even operating a motorized wheelchair. Many states specifically use the term “motor vehicles” to only address engine-powered devices, like cars and motorcycles. 

A first bicycle DUI offense is a misdemeanor, punishable by a maximum six-month jail term and a fine not exceeding $1,000. However, if your BAC is over .15 percent, then a conviction can result in a jail sentence of up to nine months and a maximum fine of $2,000. 

At the Law Office of Armando J. Hernandez, P.A., we are prepared to review your case and determine your available legal options to avoid conviction or reduce the charge/sentence you face. However, if you end up riding your bicycle without intending to drink and then having a few alcoholic beverages, it is wise to avoid riding your bike back home and instead call for a ride, request a ride through Uber or Lyft, and then leave your bicycle locked up, so you can pick it up later. 

If you or a loved one has been charged with a DUI in Miami, contact the Law Office of Armando J. Hernandez, P.A. today for a free initial consultation. Get nearly two decades of experience on your side! 


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