Can I Be Charged with a DUI While Cycling?

Are you facing drunk driving charges after being stopped by police while riding a bicycle? You might be thinking that this is a mistake, and that you cannot be charged with a DWAI or DUI for having a couple of drinks and deciding to ride your bike. However, you can indeed face either DWAI or DUI charges for riding a bicycle while intoxicated or while under the influence. Our Denver DUI defense attorney can explain in more detail.

Offenses for DWAI and DUI in Colorado 

What does Colorado law have to say about drunk driving on a non-motorized bicycle — in other words, just pedaling an ordinary bicycle?

Under CRS 42-4-1301, a person who “drives a motor vehicle or vehicle while impaired by alcohol or by one or more drugs, or by a combination of alcohol and one or more drugs,” can face criminal charges for driving while ability impaired (DWAI) in Colorado. In addition, under the statute, a person who “drives a motor vehicle or vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, commits driving under the influence” (DUI).

Does a bicycle actually count? It does, and we can clarify by looking at Colorado law’s definition of a motor vehicle or vehicle.

Defining a “Vehicle” Under Colorado Law 

In order to face DWAI or DUI charges, a “motor vehicle” or “vehicle” must be involved. You may be assuming that these definitions refer to cars, trucks, motorcycles, and similar, but in fact, a bicycle can also count.

A bicycle is not a “motor vehicle,” to be clear. Here is the statutory definition of a motor vehicle:

“Means any self-propelled vehicle that is designed primarily for travel on the public highways and that is generally and commonly used to transport persons and property over the public highways, a low-speed electric vehicle, or an autocycle; except that the term does not include electrical assisted bicycles, electric scooters, low-power scooters . . . wheelchairs, or vehicles moved solely by human power.”

However, you can face DWAI or DUI charges in connection with intoxication while driving a “vehicle,” as well. While the above definition of a motor vehicle does not include a bicycle, the definition of a “vehicle” includes the following:

“Means a device that is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks.” And, to be clear, this statutory definition of a vehicle goes on to expressly say that it “includes a bicycle” and “electrical assisted bicycle.” Accordingly, you can indeed face DWAI charges or DUI charges in connection with intoxication while you are on a bicycle.

Contact Our Denver DUI Defense Lawyers for Assistance 

Are you currently facing DWAI or DUI charges after being stopped by police while you were on a bicycle? This is not an uncommon occurrence, and you need to seek legal advice just as much as you would if you were facing DWAI or DUI charges in connection with driving a car or truck in Denver or Brighton. An experienced Denver DUI defense lawyer at DeChant Law today. We can begin working with you on a defense strategy to avoid a criminal conviction.

Sources:

law.justia.com/codes/colorado/2021/title-42/article-4/part-13/section-42-4-1301/

codes.findlaw.com/co/title-42-vehicles-and-traffic/co-rev-st-sect-42-1-102/