Sunday, November 17, 2024
The Latest DUI News and Information From DUI Defense Attorneys Across the Country

Man arrested pedaling bike while intoxicated

A man was arrested for DUI on a bicycle on April 14 on the small resort island of Sanibel, off the southwest coast of Florida. Police say he was riding without lights, which caused them to stop him. Read the rest of the news item here.

A lot of folks wonder if DUI on a bicycle is even an arrestable offense in Florida. The short answer is YES. The Florida Third District Court of Appeals ruled in State v. Howard, 510 So.2d 612 (Fla. 3rd DCA 1987) that a bicycle was a vehicle as defined in Chapter 316.  The Florida legislature defined a bicycle as a “vehicle” in Fla. Stat. §316.003(3).

That begs, the question: What other types of moving objects are considered “vehicles” when operated under the influence of alcohol?

In Florida, folks have been arrested for DUI on lawn mowers, scooters, and even wheelchairs.

In California, Los Angeles prosecutors convicted a person operating a motorized Bird scooter. In other states like Illinois, Colorado, and Indiana, residents would be at risk of a DUI arrest, as well.

You can be arrested for DUI on a horse and buggy in Michigan. Four Amish young men, with questionable judgment were stopped while riding in buggy drawn by a horse by Gladwin County deputies. Police saw them throw beer cans from the buggy. Officers found empty and full beer cans and the subjects all gave false names to police, as they were underage.

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Jonathan Blecher

Licensed to practice since 1982, Jonathan Blecher has defended over 5000 DUI and suspended driver license cases. A former Assistant State Attorney under Janet Reno, Jonathan later developed his interest and skills in DUI defense working under DUI legend Richard Essen, a founding member of the National College for DUI Defense. A member of the College himself, Jonathan has lectured on DUI topics at seminars, civic and business groups, as well as at the Miami-Dade County Police academy in courtroom procedure for police cadets. Jonathan is AV-Rated by Martindale-Hubbell, a Florida DUI SuperLawyer, and is authorized to appear before the Supreme Court of the United States, the United States 11th Circuit Court of Appeal, the U.S. District Court for Southern and Middle Districts of Florida, as well as the U.S. District Court for the Eastern District of Michigan.

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