Riding a bike under the influence in Pennsylvania is legally treated the same as driving a motor vehicle under the influence. The penalties are severe, and the same DUI laws apply. Understanding these laws can help prevent severe repercussions. If you’re facing such charges, it’s crucial to seek expert legal assistance from Kellis Law Firm, where we’re committed to providing robust defense and comprehensive legal support. Contact us online or call (215) 977-4183 today.
What Pennsylvania law says about bikes and DUIs
Bicycles are considered vehicles
In Pennsylvania, the law treats bicycles much like any motor vehicle regarding DUI enforcement. According to Pennsylvania Vehicle Code 102, the term “vehicle” is broadly defined to include:
“Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks.”
This definition means that just like cars, bicycles must adhere to traffic laws, including those regarding DUI.
DUI while biking
If you’re caught riding your bicycle with a blood alcohol content (BAC) of 0.08% or higher, you can be charged with a DUI just as if you were driving a car. It’s important to understand that the state does not differentiate between being intoxicated behind the wheel of a car or on a bike—you can face the same severe penalties in both scenarios.
Implied Consent Law
Under Pennsylvania’s Implied Consent Law, anyone operating a vehicle, including bicycles, on public roads is considered to have consented to chemical tests if pulled over for suspected DUI. This law states:
“Any person who drives, operates or is in actual physical control of the movement of a vehicle in this Commonwealth shall be deemed to have given consent to one or more chemical tests of breath or blood for the purpose of determining the alcoholic content of blood or the presence of a controlled substance…”
Refusing to submit to these tests can lead to significant consequences, including a mandatory one-year suspension of your driving privileges, even if you’re ultimately found not guilty of DUI. This also applies to bicyclists, underlining the seriousness of DUI charges, regardless of the mode of transportation.
While we’re on the subject…what about scooters and skateboards?
In Pennsylvania, non-motorized vehicles like bicycles and skateboards could potentially lead to DUI charges. The state’s broad definition of what constitutes a “vehicle” means you could face DUI charges if you ride a skateboard, scooter, or even a horse while under the influence of alcohol or drugs. When in doubt, don’t turn to a Lime scooter – call an Uber to get home.
How Kellis Law Firm can help
If you find yourself facing DUI charges, whether in a car or on a bike, the stakes are high. At Kellis Law Firm, we specialize in DUI defense and understand the nuances of Pennsylvania DUI laws. We’re here to help you navigate the legal system, defend your rights, and work towards the best possible outcome in your case.