Yes, you can be arrested and charged with a DUI while riding a bicycle in Florida. Many people assume that because bicycles are not motorized vehicles, they cannot face drunk driving charges if they pedal home from a bar. However, this assumption is incorrect.
How Florida Law Defines DUI and Vehicles
Florida law establishes the crime of driving under the influence. It prohibits any person from driving or being in actual physical control of a vehicle while under the influence of alcohol or controlled substances to the extent that normal faculties are impaired or while having a blood alcohol concentration of 0.08% or higher.
Florida Statutes §316.003 defines the term “vehicle” as “Every device in, upon, or by which any person or property is or may be transported or drawn upon a street or highway, except personal delivery devices, mobile carriers, and devices used exclusively upon stationary rails or tracks.”
This broad definition explicitly includes bicycles. Bicycles are vehicles under Florida law, which means all traffic laws that apply to cars also apply to bicycles. This includes DUI laws.
Florida courts have consistently upheld this interpretation. In State v. Howard, the Third District Court of Appeal ruled that Florida’s DUI statute applies to bicyclists because the legislature intentionally chose the word “vehicle” rather than limiting the statute to “motor vehicles.”
What This Means For Florida Bicyclists
If you ride your bicycle while impaired by alcohol or other drugs, you can be arrested, charged, and convicted of DUI just as if you were driving a car.
Law enforcement officers in Fort Lauderdale and throughout Florida actively enforce DUI laws against cyclists. Officers watch for erratic riding behavior, failure to obey traffic signals, riding without required lights at night, and other indicators of impairment.
Once stopped, cyclists are subject to field sobriety exercises and may be arrested for DUI based on an officer’s observations of impairment.
Penalties For DUI on a Bicycle in Florida
The penalties for a DUI on a bicycle are the same as for a DUI in a motor vehicle. DUI convictions, whether on a bike or in a car, carry the following potential penalties:
First Offense:
- Up to six months in jail
- Fines between $500 and $1,000
- Probation up to one year
- Required DUI school
- Community service
- Possible substance abuse treatment
Second Offense:
- Up to nine months in jail
- Fines between $1,000 and $2,000
- Driver’s license revocation for at least five years
- Mandatory minimum jail time if it is within five years of the first offense
- Vehicle impoundment
Third Offense Within 10 Years:
- Third-degree felony
- Up to five years in prison
- Fines up to $5,000
- Minimum 30 days in jail
- Driver’s license revocation for at least 10 years
Florida Open Container Laws Also Apply When Riding A Bike
Under Florida Statute §316.1936, it is unlawful to possess an open container of alcohol while operating or riding in any vehicle on a public roadway.
This means you cannot ride your bicycle while drinking a beer or carrying an open bottle in your backpack. Violation of open container laws can result in citations, fines, and additional criminal charges if you are also impaired.
How Bicycle DUI Affects Personal Injury Claims
When an intoxicated cyclist causes an accident that injures another person, the cyclist’s impairment becomes powerful evidence of negligence in any resulting personal injury lawsuit. Similarly, when an intoxicated cyclist is injured by a negligent driver, Florida’s comparative fault law can significantly reduce the cyclist’s compensation.
Insurance companies aggressively investigate bicycle accidents and will use any evidence of alcohol consumption to minimize what they must pay. Even if the cyclist was not legally impaired, insurance adjusters will argue that any alcohol consumption contributed to the accident and warrants reducing compensation.
Protecting Your Rights
If you have been injured in a bicycle accident in Florida, you may be entitled to recover compensation for your damages. At Rosen Injury Law, our injury lawyers in Fort Lauderdale can help you secure maximum compensation for your damages. Call (954) 787-1500 or visit our contact page and schedule a free consultation to discuss your claim.