Most people understand that driving a motor vehicle under the influence of alcohol is against the law. But is biking under the influence also prohibited in Colorado? Yes, and doing so can result in DUI charges under state law.
Learn more about “drunk biking” and the potential penalties of a biking DUI.
Colorado’s Laws Against Biking Under the Influence
Riding a bike under the influence of drugs or alcohol is illegal in Colorado. The state treats bicycles the same as motor vehicles when defining DUI charges.
Colorado law defines a vehicle as a device capable of moving someone or something from one place to another. This means that riding a bicycle under the influence can result in a DUI charge, the same way driving a car might.
Colorado’s legal blood alcohol concentration (BAC) limit while operating a vehicle is 0.08% for DUI and 0.05% for DWAI. If a person rides a bicycle with a BAC that exceeds this limit, they can face criminal charges.
This law aims to reduce accidents by discouraging impaired bicycling. Intoxicated cyclists often exhibit impaired judgment, slower reaction times, and difficulties with coordination. This significantly increases the likelihood that they will become involved in an accident and injure themselves or others.
Potential Penalties for Impaired Cycling
Law enforcement agencies might stop a cyclist who is operating their bicycle unsafely and perform one or several checks to determine whether their blood alcohol concentration is above the legal limit. These might include field sobriety tests, breathalyzer tests, or blood tests.
A DUI biking conviction can lead to similar penalties as those for driving a motor vehicle under the influence. These might include:
- Fines ranging from $600 to $1,500
- A jail sentence ranging from five days to one year
- Community service mandates
Even if a person’s BAC is not above the legal limit, if they were riding unsafely, they might face other charges or still be charged with a DUI. Bicyclists have a duty of care to operate their bicycles safely to prevent accidents.
Colorado’s DUI Biking Policy for Underaged Cyclists
Colorado follows a zero-tolerance policy for underage drunk biking. If someone under 21 has a BAC of .02% or higher while operating a bicycle, they can be charged with a DUI. Minors can face similar penalties for DUI convictions, including jail time, fines, community service, and more.
What To Do If You Were Charged With Cycling While Intoxicated
If an officer has charged you with a bicycle DUI, consult a DUI defense attorney as soon as possible. They can help you understand your legal options and collect evidence to potentially defend your charges.
For instance, some individuals charged with alcohol-related bike accidents may wish to challenge the validity of the evidence showing their BAC levels. They might also argue that the stop was not based on probable cause.
Consult Churchill DUI Defense in Colorado
If you are facing drunk biking charges, Churchill DUI Defense can help you determine your next steps. Contact us today at (303) 832-9000 to request a free consultation.