David Cantor explains if you can get a DUI on a bike in Arizona in this short video:
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A lot of people think that DUI arrests and charges are only made for people who are driving under the influence in vehicles like cars, trucks and motorbikes. In Arizona it is not possible to get a DUI on a bike or horse. It is possible to get a DUI on a bicycle that is motorized (whizzer). But the truth is that it is always possible to get a citation other than DUI for being intoxicated even if you are riding a bicycle or even a horse. As bizarre as that sounds, it’s true because riding a bike or a horse when your senses are impaired can put you or somebody else on the road in harm’s way.
However, whether you or someone else gets pulled over for driving under the influence will depend largely on how the state’s law defines a ‘vehicle’; some of them may include a car, minivan, SUV, truck, motorbikes and other vehicles that run on motor engines. Other states will define a ‘vehicle’ to include other things like bicycles, horses and scooters as well.
In case you have been charged with a DUI, then you can always challenge your charges in court based on these definitions. Your lawyer can argue that a horse is not a motor vehicle and if the definition of a vehicle in the state is sufficiently ambiguous, the court will not entertain your case. Look for the word motor in the ‘vehicle’ definition because if the presence of motor is mandatory then you need not worry because both horses and bicycles don’t have motors (obviously).
However, certain regions or states may have laws that specifically include targeted cyclists and drunk drivers in which it might be a bit difficult to defend yourself. Even so, the punishments and fines for DUI on a horse or bike will be different; your license may not get suspended and your fines may not be as high as that for a DUI on a motor vehicle.
Some police officers might give you a citation for disturbing public peace, reckless behavior or public intoxication in places where arrest for DUI on a horse or bike is illegal. All of this might sound extremely weird and harsh, but the main focus of law enforcement agencies is to protect public safety from all perspectives. This is because a drunk horse rider or bike rider could get in the way of the road traffic or could injure the animal itself which can become a case for animal endangerment.
If you are caught by an officer riding a horse or bike while intoxicated, then you will be expected to undergo a breathalyzer test and failure will lead you to get a citation or license revocation or even fines and community service.
If you have questions regarding DUI Defense in Arizona, please call our offices at (602) 307-0808 to schedule your free consultation.