Bicycling is a popular form of transportation and recreation for many Floridians. It provides numerous health and environmental benefits, making it an attractive option for those looking to reduce their carbon footprint or stay fit. However, cyclists are subject to many of the same laws as drivers of motor vehicles, including laws regarding driving under the influence (DUI). Our law firm receives a lot of callers asking if it is possible to get a DUI while riding a bicycle in Florida and the potential legal consequences that may follow.

Florida DUI Laws: Bicycles as Vehicles

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

Florida Statute 316.193 Concerning DUIs

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 bicycles) 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 a Bicycle in Florida

While Florida law treats bicycles as vehicles, the penalties for a DUI on a bicycle may differ from those for a motor vehicle DUI. Some of the potential penalties for a DUI on a bicycle in Florida include:

  1. Fines: A cyclist convicted of DUI 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 bicycle DUI to perform a specified number of hours of community service.
  3. Probation: Probation is a common penalty for a bicycle DUI. 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 bicycle DUI 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 bicycle DUI conviction may result in the impoundment or immobilization of the offender's bicycle for a specified period.
  6. Jail time: A judge may order jail time for a bicycle DUI, 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 bicycle DUI may be less severe than those for a motor vehicle DUI, a bicycle DUI conviction will still appear on an individual's criminal record and may have long-lasting consequences.

Defending Against a Florida Bicycle DUI Charge

If you have been charged with a DUI while riding a bicycle in Florida, it is crucial to consult with an experienced attorney who can help you navigate the complexities of the legal system and defend your rights. Possible defenses against a bicycle DUI charge may include:

  1. Challenging the validity of the field sobriety tests or chemical tests administered by law enforcement officers.
  2. Questioning the legality of the initial stop, such as whether there was probable cause to stop you in the first place
  3. Providing evidence to show that you were not in actual physical control of the bicycle at the time of the alleged offense, such as if you were pushing the bike rather than riding it
  4. Presenting evidence to demonstrate that your normal faculties were not impaired by alcohol or drugs, such as witness testimony or surveillance footage
  5. Arguing that the arresting officer did not follow proper procedures during the arrest or while administering tests, which may call into question the reliability of the evidence against you
  6. Challenging the accuracy or calibration of any breathalyzer or other testing equipment used by law enforcement officers

Each case is unique, and the best defense strategy will depend on the specific facts and circumstances of your situation. An experienced attorney can help you evaluate your options and determine the most effective approach to defending against a Florida bicycle DUI charge.

In Florida, it is possible to get a DUI while riding a bicycle, as bicycles are considered vehicles under state law, and cyclists are subject to the same DUI laws as motor vehicle drivers. The penalties for a bicycle DUI may differ from those for a motor vehicle DUI, but a conviction can still have serious consequences on an individual's life and criminal record.

If you have been charged with a DUI while riding a bicycle in Florida, it is essential to consult with one of our experienced Flirida DUI Attorneys who can help you navigate the legal process and protect your rights. By understanding the potential penalties and available defenses, you can make informed decisions and work toward the best possible outcome in your case.

Have you been charged with a DUI while riding an bicycle 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 team of dedicated legal professionals is ready to provide the support and guidance you need during this challenging time. Don't wait – your future depends on it. Call now!