Bicycling is known for being highly economical, environmentally friendly, and most importantly, good for your health. What many bicyclists do not realize is that many states criminalize operating a bicycle while under the influence of alcohol or drugs.
Many, but not all states have Bicycling Under the Influence (BUI) statutes where bicycles are considered to be vehicles. Georgia IS one of the states that applies the same DUI laws to bicyclists as it does to drivers of motor vehicles, thus, in the eyes of the law there is no difference.
Driving Under the Influence [§40-6-391]
Under §40-6-391, a person shall not be in actual physical control of any moving vehicle while:
- Under the influence of alcohol to the extent that it is less safe to drive.
- Under the influence of any drug to the extent it is less safe to drive.
- Under the influence of any glue, aerosol, or toxic vapor that makes it less safe to drive.
What are the penalties?
If you think bicycling to the nearest bar is safer than driving, think again. Georgia law treats bicycles the same as motor vehicles; therefore, if you're caught operating your bicycle under the influence of drugs or alcohol, you potentially face the same penalties as if you had been driving your car or truck.
In Georgia, the penalties for a first DUI offense:
- Up to one year in jail
- A fine ranging between $300 and $1,000
- Up to one year license suspension
- Mandatory minimum 40 hours of community service
- $210 license reinstatement fee
If you have been arrested for bicycling under the influence, Roswell DUI Attorney, Richard S. Lawson can certainly help. Attorney Lawson is a former DUI prosecutor with nearly 20 years of experience, what's more, he has successfully resolved over 4,900 DUI cases in Georgia.
Call 24 hours a day, 7 days a week to schedule your free consultation.