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Denver Criminal Lawyer Explains Why Biking Drunk is Enough to Earn a DUI


March 14, 2018

Colorado is an incredibly bike-friendly state and many Denver residents rely on this two-wheeled vehicle to get around every day. While it may be tempting to use your bike to get home after a night out with friends, you can still end up getting a DUI while riding rather than driving. Your trusted Denver criminal defense attorney wants to help you better understand the intricacies of getting a biking DUI.

Legally, a Bike is a Vehicle

Under Colorado law, a bicycle is technically a vehicle and thus subject to the same rules and regulations as cars. This means you can’t run stop signs, must ride on the right side of the road, and should obey all traffic laws, including riding sober.

You Can Still Do Harm According to the Law

While biking may seem like a safer choice to help you get home from the bar, it’s still a risky decision. After all, you’re riding on public roadways and bikeways, so you’re not the only person at risk in a collision. Though biking on a designated path will doubtless put fewer people in danger, you could still end up injuring an oncoming cyclist or pedestrian, forcing them to seek medical attention. This hazard alone is enough reason for the police to charge you with a DUI.

What Happens if You Get pulled Over

Believe it or not, Denver does have its own bike cop division. These individuals frequently patrol the streets for infractions, but are known to take to the bike paths in search of lawbreakers. They can and will pull you over if you’re weaving along the path or appear to be losing control over your bike. Once you’re pulled over, they’ll administer the same breathalyzer test they’d use if you were behind the wheel of a car. Remember, the legal limit for adults in Colorado is 0.08%. If you’re found biking over this limit, you can be charged with a DUI.

Marijuana Rules Apply

Just as you can’t drive under the influence of marijuana, you can’t bike after smoking either. You’ll still be found to be inebriated and could end up making questionable choices that influence other bikers and drivers. While most people that bike while high tend to behave better than those that ride under the influence of alcohol, the law does not discriminate.

Is Biking on the Road Worse?

While biking under the influence on a major roadway is more dangerous, the legal penalties will likely be the same as biking on a designated path. The risks are there and if you’re pulled over, you may end up getting charged with a DUI.

Regardless of your mode of transportation, a DUI can happen. If you’ve been arrested and charged with driving under the influence, whether you were behind the wheel or on your bike, contact the Law Office of John L. Buckley, PC. Our dedicated staff understands that biking under the influence means you were trying to make a responsible decision and we’ll work tirelessly to mount a great defense in court. Call (303) 501-1800 today.