Electric bicycles, or e-bikes, have grown in popularity in recent years due to their ease of use, environmental benefits, and versatility. As with traditional bicycles, e-bike riders in Florida are subject to many of the same traffic laws and regulations as motor vehicle drivers, including laws regarding driving under the influence (DUI). Our law firm explains whether or not it is possible to get a DUI while driving an electric e-bike in Florida and the potential legal consequences that may arise.

Florida Law: E-Bikes and DUI

In Florida, e-bikes are classified as a type of bicycle, and e-bike riders are considered operators of vehicles. As a result, e-bike riders have the same rights and responsibilities as motor vehicle drivers and traditional cyclists, including the requirement to comply with traffic laws and regulations. This classification also means that Florida's DUI laws apply to e-bike riders, just as they do to motorists and traditional bicyclists.

Florida DUI Laws Under Florida Statute 316.193 

Florida Statute 316.193 defines the offense of driving under the influence, stating that a person is guilty of DUI if they are in actual physical control of a vehicle (which includes e-bikes) and are under the influence of alcoholic beverages, any chemical substance, or any controlled substance to the extent that their normal faculties are impaired.

To be considered under the influence, a person must have a blood alcohol level (BAL) of 0.08% or higher, or be under the influence of any chemical substance set forth in Florida Statute 877.111 or any controlled substance listed in Chapter 893 of Florida Statutes.

Penalties for DUI on an E-Bike in Florida

While Florida law treats e-bikes as vehicles, the penalties for a DUI on an e-bike may differ from those for a motor vehicle DUI. Some of the potential penalties for a DUI on an e-bike in Florida include:

  1. Fines: A person convicted of a DUI on an e-bike may face fines, which can vary depending on the circumstances of the offense and the individual's prior criminal history. Fines typically range from $500 to $2,000 but can be higher for repeat offenders or those with a higher BAL.
  2. Community service: A judge may order a person convicted of a DUI on an e-bike to perform a specified number of hours of community service.
  3. Probation: Probation is a common penalty for a DUI on an e-bike. The terms of probation will depend on the individual case but may include mandatory alcohol or drug counseling, regular reporting to a probation officer, or other conditions set by the court.
  4. Driver's license suspension: While a DUI on an e-bike does not always result in a driver's license suspension, it is possible that a judge may order the suspension of the offender's driver's license for a specified period.
  5. Vehicle impoundment: In some cases, a DUI conviction on an e-bike may result in the impoundment or immobilization of the offender's e-bike for a specified period.
  6. Jail time: In some cases, the judge may order jail time for a DUI on an e-bike, particularly for repeat offenders or those with a high BAL.

It is important to note that these penalties may vary depending on the specific circumstances of the case and the judge's discretion. Additionally, while the penalties for a DUI on an e-bike may be less severe than those for a motor vehicle DUI, a DUI conviction on an e-bike will still appear on an individual's criminal record and may have long-lasting consequences.

Defending Against an E-Bike DUI Charge in Florida

If you have been charged with a DUI while operating an e-bike in Florida, it is essential to understand your rights and the potential defenses that may be available to you. Building a strong defense against an e-bike DUI charge requires a thorough understanding of Florida DUI laws and the unique circumstances surrounding e-bikes. Below are several key strategies that an experienced attorney might use to defend against an e-bike DUI charge in Florida:

  1. Challenging the Legality of the Stop: A key element of any DUI defense is questioning whether the law enforcement officer had reasonable suspicion or probable cause to stop you in the first place. If your attorney can show that the stop was unjustified, the charges against you may be dismissed or the evidence obtained during the stop may be ruled inadmissible in court.
  2. Disputing Physical Control: Under Florida law, you must be in actual physical control of the e-bike to be charged with a DUI. Your attorney may argue that you were not in physical control of the e-bike at the time of the alleged offense, such as if you were merely standing next to it or pushing it along the sidewalk.
  3. Challenging the Results of Field Sobriety Tests or Chemical Tests: Your attorney may question the validity or accuracy of field sobriety tests or chemical tests (such as breathalyzer tests, urine tests, or blood tests) administered by law enforcement officers. This could involve demonstrating that the officer did not follow proper testing procedures, the testing equipment was faulty, or the results were otherwise unreliable.
  4. Providing Evidence of Unimpaired Faculties: Another potential defense strategy involves presenting evidence to show that your normal faculties were not impaired by alcohol or drugs at the time of the alleged offense. This could include witness testimony, surveillance footage, or other evidence that supports your claim that you were not under the influence.
  5. Questioning Officer Testimony and Procedures: Your attorney may scrutinize the arresting officer's testimony and procedures to identify any inconsistencies, errors, or violations of your rights. This could involve cross-examining the officer about their observations, the arrest process, and any tests that were administered.
  6. Exploring Alternative Explanations for Impairment: If you exhibited signs of impairment during the arrest, your attorney may argue that factors other than alcohol or drugs were responsible for the impairment. For example, fatigue, illness, or medical conditions could potentially explain your symptoms.

Each e-bike DUI case is unique, and the best defense strategy will depend on the specific facts and circumstances of your situation. It is crucial to consult with an experienced DUI attorney who can help you evaluate your options and develop the most effective defense strategy for your case. By understanding the potential defenses available to you, you can make informed decisions and work towards the best possible outcome in your case.

Have you been charged with a DUI while riding an e-bike in Florida? 

Don't face the legal system alone. At Musca Law P.A., our experienced attorneys are well-versed in Florida DUI laws and can help you navigate the complexities of your case. We understand the unique challenges of defending against DUI charges for e-bike riders and are committed to fighting for your rights and achieving the best possible outcome for your case.

Don't let a DUI charge on an e-bike jeopardize your future. Protect your rights and secure the best defense by contacting Musca Law P.A. today. Call our toll-free number at (888) 484-5057 for a free, confidential case evaluation. Our Florida E-bike DUI lawyers professionals are ready to provide the support and guidance you need during this challenging time. Don't wait – your future depends on it. Call now!