This is a very important question because Florida leads the nation in bicycle rider fatalities. In addition, according to the National Highway Traffic Safety Administration, in 2011, one-fourth of the cyclists killed had a blood alcohol concentration (BAC) of .08% (grams per deciliter) or higher which is over the legal limit.
What is a DUI? DUI stands for driving under the influence. It is defined as the act of driving or being in actual physical control of a vehicle when your normal faculties are impaired by alcohol or drugs (legal or illegal), or when you have BAC of .08% or higher.
How can a bicycle rider be charged with a DUI? Under Florida law, a bicycle is considered a vehicle and therefore must obey all traffic laws just like cars and trucks. This includes complying with Florida DUI laws.
In order to be charged with DUI it is necessary for the prosecutor to prove either that:
1.You were riding with your bike with a BAC of .08% or higher which can be proven by breath or blood testing results, or,
2.You were riding under the influence of alcohol and/or drugs to the extent your normal faculties were impaired which can be proven by police officer’s observations, urine tests, admissions by the defendant, or drugs seized from the vehicle.
As an experienced DUI Gainesville lawyer, I encourage you to seek legal advice ASAP. Give me a call at 352 373 8000 or contact me on line. I also offer free consultations and a free guide book for those charged with DUI in Gainesville.
For more information on other Florida bicycle laws, please see:
Remember, the only sure way of avoiding the lifelong consequences of a DUI conviction is to not drink and drive!
However, if it is too late, do not make another mistake – hire an experienced DUI/DWI lawyer to represent you and do it ASAP, don’t wait! You can contact us today at 1 800 373 8000.
The experienced Trial Lawyers at Meldon Law are dedicated to preserving the rights of the accused.
Pictured above – Dan Weisman, Jeffrey Meldon, and Carey Meldon have a combined 60 years of legal experience representing people in Gainesville, Florida and Alachua County, Florida accused of DUI/DWI and other criminal charges. They wrote the DUI Guide for Alachua County – Ways to Possibly Avoid a DUI Charge or Conviction. Request your free copy today.
This free no obligation book, written by a team of experienced DUI defense criminal trial lawyers, gives insight into what a DUI charge is, ways the State can prove the charge, and possible legal defenses.
Being charged and convicted of DUI is best avoided by not drinking and driving! This book also gives information on what it takes to be over the legal limit, how alcohol affects the body, plus much, much more!