By now, most people know the consequences and dangers of operating motor vehicles while under the influence of alcohol or drugs.
Somewhat less known, however, are the frequency and severity of the hazards associated with biking under the influence of drugs or alcohol.
In fact, a report published in 2017 by the Insurance Institute for Public Highway Safety showed that drunk biking home while under the influence may be just as dangerous as operating a vehicle under the same circumstances.
In this blog, we discuss both the legal and physical consequences you may face if you choose bike riding while under the influence of an alcoholic beverage and are involved in an accident.
At Crossen Law Firm, we understand the challenges you face and are here to offer compassionate support and dedicated legal counsel. Call us at 317-401-8626.
Penalties for a Bicycle DUI Conviction
The law under Indiana Code 9-30-5-1 states that operating a motor vehicle while intoxicated is illegal, but nowhere does it make the distinction that this only pertains to motor vehicles.
A vehicle under human power (like a bike) operating on a public highway, city street, or country road must still follow traffic laws and honor stop signs and lane markings.
In many states, DUI laws allow police officers to stop bicyclists for field sobriety tests or bring them in for a blood (chemical) test performed at a local medical center if they believe they are committing public intoxication.
The penalties for driving under the influence is based on the results of testing the person’s blood pursuant to Indiana law and include:
- A BAC of at least 0.08 is a Class C misdemeanor.
- A BAC is at least 0.15 is a Class A misdemeanor.
- A person previously convicted of DUI within the past five years will be charged with a level 6 felony.
- If injuring another person while riding a bicycle under the influence of drugs, it’s a level 6 felony.
- A person arrested for injuring another while riding a bicycle inebriated and has prior DUI charges within the past five years is elevated to a level 5 felony.
The penalties for operating a vehicle after consuming alcoholic or drug content include drug charges as follows:
- Class C misdemeanor – A crime with up to 60 days in jail, and a fine of up to $500
- Class A misdemeanor – This crime requires up to one year in jail, and a fine of up to $5,000
- Level 6 felony DUI offense – Six to 30 months in prison, and a fine of up to $10,000
- Level 5 felony DUI offense– One to six years in prison, and a fine of up to $10,000
Schedule a free consultation with our experienced DUI attorneys, 317-401-8626 today, or contact us online to discuss a potential criminal offense related to a bike DUI.
Biking Under the Influence Statistics to Be Aware Of
While bicycling under the influence may seem far less dangerous than drunk driving while under the influence, consider the following statistics:
- Having a BAC at or above the legal limit increases a bicyclist’s risk of injury by 2,000 percent.
- In 2011, traffic accidents resulted in an average of one pedestrian death every two hours, with alcohol impairment being a factor in 50 percent of the fatal accidents.
- In 2014, one-third of pedestrians and one-fifth of bicyclists killed in accidents were legally drunk.
- Almost 25 percent of fatal bicycling accidents involved an intoxicated cyclist.
To schedule a free consultation with our experienced DUI attorneys, call 317-401-8626 today, or contact us online.
FAQ – Frequently Asked Questions About State DUI Laws
Can you get a DUI while riding a bicycle in Indiana?
Yes, you can get a DUI on a bicycle in Indiana and in other states like California. The state’s DUI laws apply to every vehicle, including a bike. If your behavior erratically, but not under the influence, you can still be charged with disorderly conduct.
How is a DUI on a bicycle different from a DUI in a car in Indiana?
The legal consequences are similar, including criminal penalties, potential fines, jail time, and a criminal record, but enforcement may vary.
What is the legal blood alcohol concentration (BAC) limit for bicyclists in Indiana?
The legal blood alcohol content limit for bicyclists during chemical tests is the same as for drivers of motor vehicles, which is 0.08%.
What are the penalties for a DUI on a bike in Indiana?
Penalties include fines, jail time, community service, and mandatory alcohol education programs.
Can you refuse a breathalyzer test while on a bicycle in Indiana?
Yes, but refusing a breathalyzer test can result in penalties similar to those for refusing while driving under the combined influence of alcohol or drugs, including license suspension.
Do driving under the influence laws for bicycles differ between most states?
Yes, DUI laws and disorderly conduct laws can vary significantly from state to state. It’s important to know the specific laws in your state.
Are there any defenses against a bicycle DUI charge in Indiana?
Possible defenses might include challenging the accuracy of the BAC test, questioning the arresting officer about the legality of the stop, or proving that the bicyclist was not impaired.
Does a DUI on a bicycle affect your driving record in Indiana?
Yes, a DUI conviction on a bicycle can still affect your driving record and lead to points on your license.
Can you lose your driver’s license for being convicted of a DUI on a bicycle in Indiana?
Yes, a DUI conviction on a bicycle can result in the suspension or revocation of your driver’s license.
How can you avoid a serious arrest for DUI on a bicycle in Indiana?
The best way to avoid a DUI is to not ride a bike if you’ve been drinking. Consider alternative transportation options like a taxi, ride-share service, or a designated driver.
Is there a difference between a DUI and a DWI on a bicycle in Indiana?
In many states besides Indiana, the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are often used interchangeably, and the motor vehicle DUI laws apply similarly to bicycles.
Are there special considerations for cyclists in state DUI laws in Indiana?
While the law in most communities is generally the same, enforcement of traffic laws by state courts can sometimes differ, and there may be specific local ordinances to consider.
What should you do if you’re stopped by the police while cycling under the influence of alcohol or drugs in Indiana?
Remain calm and cooperative, know your rights, and consider consulting with a lawyer if you are arrested and charged with motor vehicle DUIs.
If you’re facing an arrest for bike DUIs, call 317-401-8626 to speak with an experienced bike riding DUI attorney to help us prove your innocence.
Contact an Indiana Bicycle Accident Lawyer Today
If you were involved in a bike accident, Crossen Law Firm is here for you. Our attorneys break down complex legal processes into clear, actionable steps, empowering you to make informed decisions.
Our Indianapolis bicycle accident lawyers are ready to answer all of your questions and help guide you through the steps of your DUI case.
To schedule a free consultation with our reliable team, dial 317-401-8626 today. Or contact us online.
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