Saturday, May 25, 2024

DUI News Blog

The Latest DUI News and Information From DUI Defense Attorneys Across the Country

Biking Under the Influence

Courtesy of the NPS and Wikimedia Commons

In some states, such as Florida, an individual can be charged with a DUI while riding a bicycle.  A local Tennessean experienced the consequences of biking under the influence while on vacation at the popular Sanibel Island in Florida according to The Charlotte Observer.

Under Florida Statute 316.2065, bicycles have “…all of the rights and duties applicable to the driver of any vehicle under this chapter.” In Florida, intoxication for a DUI is measured the same for a bike as a vehicle driver. The legal standard for intoxication is a concentration of alcohol in your blood of more than 0.08% for a DUI.

Florida law specifically excludes the word “motorized” from the DUI statute. Therefore, since operating any vehicle under the influence of alcohol is illegal in Florida, and the state considers a bike a vehicle, it is unlawful to operate a bike after becoming intoxicated.

The punishment for biking under the influence is the same as driving a motorized vehicle under the influence. This punishment includes a fine of up to $1,000, imprisonment of up to 6 months, one year of probation, 50 hours of community service, DUI School, and driver’s license revocation under Florida Statute 316.193.

This poses the question, “Can you get a DUI on a pedal bike in any state?” No, each state has laws about biking under the influence.

For instance, in Tennessee, an individual is only subject to a DUI charge if they are operating a “motorized” vehicle under the influence. See also “DUI Information.”  A regular bicycle without a motor is not subject to DUI consequences. However, it is important to note that Tennesseans are subject to other criminal offenses for operating a bike under the influence. These include a range of potential punishments such as reckless endangerment, public intoxication, or other citable offenses relating to cycling.


About the Author: Steven Oberman has been licensed in Tennessee since 1980, and successfully defended over 2,500 DUI defendants. Steve was the first lawyer in Tennessee to be Board Certified as a DUI Defense Specialist by the National College for DUI Defense, Inc. (NCDD). Among the many honors bestowed upon him, Steve has served as Dean of the NCDD and currently serves as chair of the National Association of Criminal Defense Lawyers DUI Committee.

He is the author of DUI: The Crime & Consequences in Tennessee, updated annually since 1991 (Thomson-West), and co-author with Lawrence Taylor of the national treatise, Drunk Driving Defense, 9th edition (Wolters Kluwer/Aspen).  Steve has served as an adjunct professor at the University of Tennessee Law School since 1993 and has received a number of prestigious awards for his faculty contributions.  He is a popular international speaker, having spoken at legal seminars in 30 states, the District of Columbia and seven foreign countries.  After being named a Fulbright Scholar, Steve was honored to teach as a Visiting Professor at the University of Latvia Law School in the capital city of Riga, Latvia during the Spring Semester of 2019.  During the Spring Semester of 2023, Steve taught as a Visiting Professor at Eötvös Loránd University Faculty of Law in Budapest, Hungary. If you would like to contact the author, please visit his website at www.tndui.com.

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Steve Oberman

Steve Oberman

Since graduating from the University of Tennessee Law School in 1980, Mr. Oberman has become established as a national authority on the intricacies of DUI defense law. Steve is a former Dean of the National College for DUI Defense, co-author of a national treatise ("Drunk Driving Defense" published by Aspen/Wolters-Kluwer), and author of "DUI: The Crime and Consequences in Tennessee" (published by Thomson-Reuters/West). He has taught thousands of lawyers, judges, and members of the general public about the intricacies of this crime. Steve was selected as a Fulbright Scholar to teach American Criminal Law and American Trial Advocacy at the University of Latvia School of Law in 2019; in 2023 taught for a semester as a visiting professor at Eötvös Loránd University (ELTE) Faculty of Law in Budapest, Hungary; and as a Fulbright Scholar at the University of Ljubljana Faculty of Law in 2024. Steve has also presented at a number of judicial conferences in the United States and Canada as well as for law enforcement agencies, including the Federal Bureau of Investigation and the Czech Republic Police Academy. As a Tennessee DUI attorney, Mr. Oberman has successfully defended over two thousand clients charged with Driving Under the Influence of alcohol and/or drugs. In 2006, Mr. Oberman became the first DUI lawyer in Tennessee to be recognized by the National College for DUI Defense as a Board Certified Specialist in the area of DUI Defense law.

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