In Arizona, you cannot be charged with a DUI for riding a regular bicycle while under the influence. The state’s DUI laws apply only to operating a “motorized vehicle,” and bicycles do not fall under this category. However, if you’re impaired while cycling, you could still be subject to other charges such as reckless conduct, public intoxication, or disturbing the peace.
- What Arizona Law Says About DUI and Bicycle Use
- How Arizona Law Defines a Bicycle
- Arizona’s Legal Definition of a Vehicle
- Can You Be Charged for Biking Under the Influence?
- Does DUI Apply to Motorized or Electric Bikes?
- What to Do if You Get in an Accident on a Bicycle While DUI?
- Contact an Experienced Arizona Bicycle Accident Attorney for a FREE Consultation Today!
- Get a FREE case evaluation today
What Arizona Law Says About DUI and Bicycle Use
Arizona’s primary DUI laws prohibit operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both. The legal blood alcohol concentration (BAC) limit is 0.08% for standard drivers and 0.04% for commercial drivers.
But what about cyclists? According to Arizona laws, traditional bicycles, being self-powered by human effort, do not meet the definition of a vehicle. Therefore, they can’t get a charge for DUI on a bike under the statute.
However, cyclists still have to follow Arizona’s general traffic laws, including those related to state laws on public safety and driving. In particular, while helmets aren’t legally required for all riders, understanding bike helmet laws in AZ can help you protect yourself and stay informed. In short, if you’re cycling while intoxicated, you may still be stopped by a police officer and subjected to field sobriety tests.
How Arizona Law Defines a Bicycle
According to Arizona’s official definition, a bicycle is a device moved by human power. Traditional bikes don’t include motorized propulsion. This classification is crucial because it determines whether you’re subject to state cycling DUI laws. For more details on lawful operation, review the AZ bicycle laws.
Arizona’s Legal Definition of a Vehicle
As for cars, Arizona defines a vehicle as any device in, on, or by which a person or property may be transported on a public roadway. These transport types are subject to DUI charges. The law excludes devices moved by human power or used exclusively on stationary rails.
Can You Be Charged for Biking Under the Influence?
As a bike isn’t classified as a motor vehicle, you can’t get a DUI for riding a bicycle. Still, you can face legal penalties for drunk driving under public safety laws. For example, biking under the influence may lead to other charges, such as disorderly conduct, obstructing traffic, or creating a public hazard. In this case, you may be subject to sobriety tests, administered, and temporarily detained.
You should remember that some local ordinances, like those in Phoenix, Tucson, or Tempe, can have additional regulations on drunk biking. For example, review the Phoenix city code on bike use. A Phoenix Bicycle Accident Attorney would be familiar with how these city-level rules are applied in practice.
Does DUI Apply to Motorized or Electric Bikes?
In many cases, you can get a DUI while riding an electric bike or motorized bicycle. The Arizona government has three classes of motorized bikes, depending on their speed. You should know the regulations for your specific type of e-bike to ensure full compliance. For example, while Class 1 and 2 models can use bike lanes and bike on a sidewalk, Class 3 e-bikes have stricter regulations.
Some motorized bicycles and Class 3 e-bikes may be subject to DUI laws, especially those capable of speeds over 20 mph without pedaling.. Thus, if you’re operating one of these bikes, you can face fines, license suspension, and a DUI on a bike conviction on your criminal record. Check e-bike laws in Arizona to ensure protection of your rights.
What to Do if You Get in an Accident on a Bicycle While DUI?
If you’ve been in a bicycle-related crash while being impaired, this can impact your health, legal standing, and liability.
- Ensure safety first. Move to a safe area and check yourself for injuries. Still, do not flee the scene to avoid criminal charges.
- Call 911. Report the accident, even if it seems minor.
- Avoid making statements. Don’t admit fault or mention intoxication. Simply state the facts: “I’ve been in an accident, and someone may be injured.”
- Cooperate with law enforcement. Be respectful and follow the instructions of the police.
- Gather evidence if able. Take photos of the accident scene, injuries, damages, road conditions, and traffic signs. Also, get contact info and names of others involved and witnesses.
- Note the details. Write down the location, time, and a short description of accident. Provide your lawyer with all details. For example, note if you ride on a highway, as this could impact liability.
- Seek medical attention. Seek immediate medical attention to ensure your well-being. Documented injuries can also serve as important evidence if legal issues arise.
- Consult a criminal defense or DUI attorney. A lawyer can help you minimize or avoid charges for disorderly conduct or DUI on a bike offenses .
Contact an Experienced Arizona Bicycle Accident Attorney for a FREE Consultation Today!
At the Bicycle Accident Lawyers Group, we protect the rights of injured cyclists and those facing charges related to DUI on a bike. If you were involved in a crash, cited for riding a bicycle while intoxicated, or accused of violating state DUI laws, we can protect you and guide you through the legal process.
We understand the complexities of Arizona’s bike laws, traffic rules, and the distinctions between vehicles. We offer free consultations and personalized strategies to help you fight a DUI on a bike charge or pursue the needed compensation if needed.
Contact us today for immediate support!
If you’re a cyclist who has been in an accident, call today for a free initial consult about your legal claim. We’re here to help with your legal questions. Contact our law firm for coast-to-coast bike accident and personal injury representation.
What Should I Do if I’m Caught Biking Under the Influence in Arizona?
Remain calm, avoid arguing with the police, and avoid making any self-incriminating statements. Request to speak with an attorney before answering questions or submitting to a sobriety or blood test. While you may not face a traditional DUI conviction, other legal issues, such as dangerous riding or driving or public intoxication, may still apply.
What Penalties Are There for Biking Under the Influence in Arizona?
Though DUI charges may not apply to traditional bicycles, consequences can include fines, alcohol-related misconduct, or other citations. In some cases, you can face additional consequences like community service, alcohol education, or driver’s license revocation. Local laws can vary by jurisdiction, so make sure you know the regulations in the state and city you live in.
What Vehicles Are Considered “Motor Vehicles” under Arizona Law?
Under Arizona law, a motorized vehicle is a self-propelled vehicle used on public roads for transportation of passengers or goods. This includes cars, motorcycles, mopeds, trucks, and some motorized bicycles. Bikes moved by human power are not considered vehicles under this definition.
Since his academic days at the UC Berkeley School of Law, Robert Goldwater has remained a committed advocate for victims of other people’s negligence. His tort law background, together with his unquenchable thirst for justice, helped young Robert found a now-successful law firm – Bicycle Accident Lawyers Group, gathering same-minded and promising attorneys from all over the country.
