Do You Need DUI Defense for Bicycling?

Jul 20, 2015 — by James E. Novak Attorney PLLC
Tags: Dui Criminal Law

Close-up of a beer in a man’s handHere in Arizona, the laws regarding bicycling and drinking can be a bit complex. You need an experienced DUI defense attorney like James Novak to evaluate your case and provide effective legal representation. If you were riding a motorized bike and were charged with a DUI, James Novak will examine the details of your case to determine your best possible defense. To learn more about bike DUIs, contact our Phoenix practice for a case consultation.

What Does It Mean to Be Legally Drunk?

To understand your legal charge, you should have a complete grasp of what it means to be legally intoxicated. If your blood alcohol content is above 0.08 percent, you qualify as drunk. BAC levels will depend on a number of factors. While a male may be able to have two or three drinks without reaching legal intoxication, a female might have a higher BAC after a single drink. Weight, metabolism, age, and gender will all affect your BAC level.

In addition, alcohol may not affect you the same way every day. For example, if you are tired or if you have not eaten, you may feel the effects more quickly. At certain times of the month, women will become drunk more quickly than at others. What you drink can affect you as much as how much you drink. For example, liquor has a much higher concentration of alcohol than beer. You may be able to drink two brews without effect, yet two shots can make it dangerous to drive.

What Constitutes a Motor Vehicle

The legal definition of intoxication is basically the same from state to state. However, the definition of drunk driving varies. Here in Arizona, only those who are driving a motorized vehicle are subject to DUI charges. Therefore, you cannot be charged with a DUI on a traditional bicycle. However, if your bike had a motor, all drunk driving laws apply. Attorney Novak can provide effective DUI defense, whatever the specifics of your case. Even if your bike was motorized, there are a number of reasons that your charge may not be valid. He will carefully investigate all circumstances, and he will fight to have your charges lowered or dropped, if possible.

A Word to the Wise

Although you cannot be charged with a DUI on a bike, it is important to remember that combining alcohol with cycling is extremely dangerous. With slowed reactions, you might not see signs and roadside hazards. You might also be unable to stop in time, putting others, as well as yourself, at risk. Because the effects of alcohol can vary so significantly, you should always exercise caution when drinking. If you are unsure of your ability to bike or drive, call a taxi or ask a sober friend for a ride home.

Contact Us for Legal Assistance

Contact our office to find out if you have a viable case and to obtain the experienced legal representation you need. James Novak will advise you of your legal options, and fight to get your charged reduced or dismissed.

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