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Understanding the laws regarding driving under the influence is crucial so you can ensure that you don’t get in trouble for inadvertently doing something illegal. Many people are unaware that it’s possible to be charged with and convicted of a DUI even if you are riding a bicycle and not driving a car. Given that Denver is a fairly bike-friendly place, this is an essential law to understand. If you or a loved one was arrested and charged with a DUI while riding a bicycle or you have questions related to DUIs, Churchill Criminal Defense is here to help. Contact us today at (303) 832-9000 or use our easy online contact form to schedule a free consultation with a Denver bicycle DUI attorney.
The Colorado DUI statute states that anyone who is operating or driving a vehicle while under the influence can be arrested for a DUI. It explicitly states that a bicycle is considered a vehicle for purposes of the DUI statute. Therefore, it is illegal to ride a bicycle if you have a blood alcohol content (BAC) of .08% or higher. If you’re under the age of 21, you can be arrested for a DUI if you are riding a bicycle and your BAC is .02% or higher. This is significant because for almost everyone, simply having one drink would put you above the legal limit if you’re not of legal drinking age.
Similar to receiving a DUI while driving a motorized vehicle such as a car, it’s also possible to be convicted of a bicycle DUI if your BAC is below .08%. If your BAC is between .05% and .08%, it’s presumed that you’re driving while your ability is impaired, whereas when it’s .08% or higher, it’s presumed that you’re driving under the influence. They are similar charges but carry slightly different consequences.
Keep in mind, you can also be charged with a DUI for riding a bicycle while under the influence of drugs or a combination of drugs and alcohol. This includes marijuana, though it is currently legal in the state of Colorado.
While you’re probably less likely to receive a DUI while riding a bicycle, it’s important to know that it can still happen. Most police officers won’t bother cyclists who aren’t endangering anyone. Still, there’s always a risk. While it might seem like it’s not as big of a deal as being caught driving a car under the influence, the penalties of being convicted of a bike DUI are identical. This means you could receive a sentence that includes jail time, fines, alcohol classes, community service, and the suspension or revocation of your driver’s license.
Churchill Criminal Defense, Attorney at Law has been handling DUI cases for more than 22 years. If you find yourself facing a bicycle DUI charge, you should contact an attorney as soon as possible. Many people don’t realize that a DUI on a bicycle is just as serious as being convicted of a DUI for driving a car while under the influence. When you hire Kevin Churchill of Churchill Criminal Defense, you’re hiring an attorney who cares about your case as much as you do. Contact our skilled Denver bicycle DUI lawyer today at (303) 832-9000 or use our easy online contact form to schedule a free consultation.