Can You Get a DUI on a Bicycle in Georgia?

Anyone operating any type of moving mode of transportation needs to have their full reflexes and focus. Although it is not as common as drunk driving, people may ride a bicycle when they are intoxicated. There may be consequences for them under Georgia law.

The way that the Georgia statute is written, bicyclists may also be charged and convicted of a DUI. If you have been charged with any type of drunk driving in Carrollton, Georgia, Moffitt Law, LLC can defend you.

Georgia’s DUI Law’s Description of a Vehicle Includes Bicycles

Georgia law states that: “A person shall not drive or be in actual physical control of any moving vehicle while … under the influence of alcohol to the extent that it is less safe for the person to drive.”

Here, the key is the law’s definition of the word “vehicle.” There is nothing in the statute that restricts the word “vehicle” to just cars.

However, there is another law that applies the rules of the road to bicyclists. Just like bicyclists have to obey traffic signs and signals when they are turning, they also have to observe Georgia’s drunk driving laws.

Bikers who are drunk or intoxicated can also pose a danger to those on the road. They can strike pedestrians or cause car accidents. Thus, there is every reason why DUI laws should apply to cyclists. A bicyclist is rarely stopped and charged with DUI, but it would have very serious implications if they were convicted.

Being Convicted of a DUI Is Serious No Matter the Mode of Transportation

You can face serious penalties for being convicted of DUI, regardless of what mode of transportation you were using. You would still end up with a criminal record that could follow you for the rest of your life and make it difficult for you to even get some jobs. If you have already been convicted of one or more DUI offenses, the penalties could rise even further.

Penalties for DUI while on a bicycle are as follows:

• A first-time DUI conviction could lead to a jail sentence of up to one year and/or a fine of up to $1,000.
• A second-time DUI would also result in a jail sentence of up to one year, although there is a minimum of at least three days in prison.
• A third offense would also result in a jail sentence of up to one year, with a minimum of 15 days in prison. Chances are that you would receive a higher jail sentence than the minimum. You could also be fined up to $5,000.

Prior offenses can include DUI convictions when you were driving a car. If you hire an attorney, they can help you determine the path forward. They may work to find defenses that you could use, or they could help you make a deal with the prosecutor.

You Would Not Lose Your Driver’s License for a Bicycle DUI Conviction

While your criminal penalties for bicycling while intoxicated would be similar to what you would receive when driving, there are different rules for license suspension. Ordinarily, drivers would lose their license for 12 months for a DUI.

However, this penalty is not imposed through the same statute that holds bicyclists criminally liable for DUI. It is done by the Georgia Department of Driver Services through a proceeding in front of the Office of State Administrative Hearings. They would not suspend your driver’s license for an offense committed while on a bicycle — only on a motor vehicle, such as a car or a motorcycle.

Contact a Georgia DUI Lawyer Today

Moffitt Law, LLC works to defend people who have been charged with DUI, whether it is by helping you fight the charges against you or negotiating a plea bargain with the prosecutor. It is vital that you know your legal options and do not make any mistakes that could harm your defense.

You can schedule a free consultation by sending us a message online or calling us today at 762-200-2924. We understand what our clients are going through when they are facing charges, and we compassionately defend you.