Can You Get a DUI on a Bike?
As of 2022, Georgia was ranked the 24th most bike-friendly state in the US.
Therefore, it is not surprising that a great deal of Atlanta residents have made riding a bike a part of their daily routine.
Suppose you are among these biking enthusiasts; you might wonder if you can be charged with a DUI (driving under the influence) after biking when intoxicated. Thankfully, we are here to satisfy your curiosity.
In this blog, we’ll take a deep dive into the legality and consequences of getting a DUI on a bike in Atlanta, GA.
We will also explore DUI laws regarding bicycles, some preventative measures to help you avoid DUIs, and what to do if you’re charged with one.
Can You Get a DUI on a Bike?
In Georgia, a bicycle is considered a motor vehicle, meaning you can face a DUI charge for biking under the influence.
It is advisable for you to familiarize yourself with the specific subsections of Georgia’s traffic laws related to bicycle operation in Atlanta. This helps you understand the repercussions of a bike DUI and how to avoid the crime.
According to code 40-6-291, residents of Georgia should not be in physical control of a motor vehicle (including a bike) while under the influence of alcohol/drugs to the extent that it’s unsafe for them to cycle.
Code 40-6-291 also prevents Georgians from riding a bike when their blood alcohol concentration (BAC) sits at 0.08 grams or higher within at least 3 hours of being in actual control of a vehicle.
That being so, biking under the influence or when you have alcohol, marijuana, or any other drug in your system is a misdemeanor (not an infraction) in Georgia, even if you can bike safely.
Consequences of a Bike DUI in Atlanta
There are various potential consequences of getting a DUI on a bicycle in Georgia. Here’s what you could face following a DUI conviction:
1. Jail Time and Fines
Since a DUI on a bicycle is a misdemeanor in Georgia, you could get jail time of up to 12 months and fines of up to $1,000, which is the punishment for misdemeanors under state law.
However, the chances of getting a maximum sentence for such a DUI offense are slim. In most cases, you are likely to be put on probation.
During probation, you are expected to abide by the law and keep in touch with your probation agent. While at it, you must obey all the rules the court sets during sentencing.
Failure to do that or violating the probation conditions could prompt the probation officer to report you to the court, upon which criminal charges will be filed.
In Georgia, the terms of probation following a bicycle DUI conviction might include:
- Abstain from consuming substances that can intoxicate you, including alcohol
- Refrain from riding a bicycle or driving under the influence
- Report regularly to your probation officer and notify them if you change your phone number or address
- Show up to all court-ordered appearances
- Participate in all educational programs recommended by the court and submit proof
Keep in mind that some DUI probation violations might attract a severe penalty, and you could even be jailed.
For example, if a police officer or your probation agent catches you driving a car with an open beer or alcohol bottle inside, you have directly violated the terms of your probation and could get arrested.
2. Being Sued
In Atlanta, you could also be sued for riding your bike when intoxicated and causing a DUI accident. In this case, you might be required to compensate the accident victims for damages such as:
- Physical suffering
- Loss of various forms of income, including salaries and benefits
- Cost of diagnosing and treating psychological injuries
- Disabilities and disfigurement
- Mental distress
- Decrease of quality of life
- Death
Note: Your car insurance might cover your bicycle DUI accident, depending on the situation and available coverage. But if it doesn’t, you will be personally liable for the damages caused. Consult an experienced DUI attorney in Atlanta to guide you through the process, whether you think you’re at fault or not.
3. Serious Injury or Death
It’s not unusual for a cyclist to be injured in a DUI. You could end up spending thousands of dollars on medical bills and rehabilitation.
When you ride a bike while intoxicated, you also risk losing your life, leaving your loved ones in unimaginable anguish as they grapple with grief. On top of that, they might suffer financial duress if you were the family breadwinner.
4. Criminal Record
Like any other misdemeanor, you could be slapped with a criminal record if you are caught biking under the influence, even if it’s your first DUI.
While this might not be as serious as a felony conviction, it can negatively impact your life. For instance, landing your dream job, accessing quality housing, or getting approved for loans could prove difficult after a bike DUI.
Even worse, a criminal record might tarnish your reputation. Consequently, you might face social stigma and discrimination for a long time.
If you have an ongoing child custody case, the bicycle DUI might affect the court’s ruling as the judge may question your fitness as a parent and moral character.
How to Avoid Bicycle DUIs in Atlanta, GA
Now you know the potential outcome of riding your bike after drinking or under the influence of marijuana or another drug in Georgia. The consequences of a bike DUI can be life-changing, leaving no doubt that avoiding the crime is the best course of action.
Wondering how you can do that? Here’s what we recommend:
1. Make Arrangements for Transportation
This is perhaps the best way to avoid bike DUI cases in Atlanta. So, let us assume you want to ride your bike to an outdoor party, a club, or any other place you plan to drink.
Arrange for a cab, a friend, a family member, or a ride-sharing service like Uber to pick you up later. If none of these options are applicable, use public transportation instead. You can’t get a DUI if you avoid biking while intoxicated.
2. Refuse a Field Sobriety Test
Another way to avoid a bicycle DUI is to refuse a field sobriety test. In Georgia, you can do this without suffering any immediate legal repercussions. Even if the police officer suspects you’re under the influence of drugs, they can’t back their claims without the field sobriety test.
However, note that declining a field sobriety test will not stop the traffic police officer from getting arrested and facing DUI charges.
Even so, it may help your attorney build a stronger DUI defense case since there’s no evidence showing that you were intoxicated when you were arrested.
3. Don’t Drink on an Empty Stomach
Refrain from drinking on an empty stomach to avoid the penalties for a bike DUI in Atlanta. So, here’s what happens when you consume alcoholic beverages on an empty stomach. The alcohol is absorbed faster into your system.
As a result, you become intoxicated quickly, impairing your judgment and increasing your chances of biking while under the influence.
However, having a quick meal before you start drinking can decrease the alcohol absorption rate in your system. Since you might be able to make sound decisions, you can avoid operating a bicycle while drunk.
4. Avoid Drinking Alone
There are plenty of reasons against solitary drinking, and bike DUI penalties top the list. Drinking alone means you’re more likely to hop on your bicycle to go home, the local store, or a friend’s. And the potential outcome? A bike DUI.
But when you enjoy your favorite alcoholic beverage with friends or relatives, they might stop you from making that life-altering mistake that could result in a DUI charge.
Let’s Help You Face Your Bicycle DUI Charge
Sometimes, you might take all measures to avoid a bike DUI, but the odds are stacked against you, and you still get nabbed for the misdemeanor. At Cumberland Law Group, we understand how scary and frustrating it must feel and are ready to help you fight the DUI.
Our experienced DUI lawyers serving Atlanta, GA, provide the best legal representation in the city and have won countless bike DUI cases. We will not only protect your rights but also explain how the state DUI laws apply to your situation.
Moreover, we can guide you through the entire legal process as we do everything possible to win your case. Ready to start building your bike DUI defense? We’re happy to hop on a call and figure out the next steps together!