What You Don’t Know About Bicycles and DUI
Did you know that you can be convicted of DUI if you operate a bicycle while under the influence of alcohol or drugs?
Further, did you know you can have your driver’s license suspended under the Implied Consent Law if you fail to submit to a blood alcohol test after being arrested for DUI while operating a bicycle?
You Can Get A DUI On Your Bike!
In the recent Commonwealth Court case of Bilka v. DOT, a bicyclist had his driver’s license suspended for refusing a police officer’s request that he undergo a chemical blood test. The bicyclist had been riding his bicycle in a parking lot of a shopping plaza after sunset, when the police officer observed that the bicycle did not have the requisite headlight and side reflectors. The officer stopped the bicyclist and noted that his breath smelled of alcohol, he had slurred speech and he had an unsteady gait. The police officer placed the bicyclist under arrest and requested that he undergo a chemical blood alcohol test, which the bicyclist refused on the erroneous assumption that the Implied Consent Law did not apply to him while operating a bicycle.
The Commonwealth Court affirmed the trial court’s holding that the police officer had reasonable grounds to arrest the bicyclist for DUI and that the bicyclist’s driver’s license was properly suspended for his failure to undergo a chemical blood test.
With the police on the lookout for suspicious behavior regardless of what you’re driving or riding, you need to be careful. What’s the best solution? Don’t drink and drive- and don’t drink and ride. Remember that the same rules of the road apply to you while you’re on your bike, and those include more than just traffic laws- it’s others, like drunk driving laws, that matter as well. But if you do get pulled over, arrested, or charged, what options do you have?
Talk To A Criminal Defense Lawyer- For Free
The Allentown criminal defense attorneys at Regan Law Firm provide free initial consultations, so it costs you nothing to speak confidentially with an experienced Allentown DUI lawyer about any issue you may have.