If you’re wondering whether you can get a DUI on a bicycle in North Carolina, the answer is yes. While it’s common to associate DUI charges with motor vehicles, North Carolina law extends its impaired driving statutes to bicycles as well. Here’s what you need to know if you’re riding a bike and consuming alcohol in North Carolina.

North Carolina DUI Laws and Bicycles

Under North Carolina law, DUI charges—known locally as driving while impaired (DWI)—apply not only to motor vehicles but to any vehicle being operated on public roads. This includes bicycles, as they are legally considered vehicles in North Carolina. Specifically, the law (N.C. Gen. Stat. § 20-138.1) states that it is illegal to operate any vehicle on a highway, street, or public vehicular area while impaired by alcohol or drugs.

Because bicycles fall under this definition of “vehicle,” you can be charged with a DWI for riding a bicycle while under the influence of alcohol or drugs.

What Constitutes a DUI on a Bicycle?

A cyclist in North Carolina can be charged with a DUI if:

• They are operating a bicycle with a blood alcohol concentration (BAC) of 0.08% or higher, or
• They are noticeably impaired by drugs or alcohol, even if their BAC is below 0.08%.

The standard of impairment for bicyclists is the same as for motor vehicle drivers. If law enforcement officers determine that your ability to ride a bike is impaired due to intoxication from alcohol or drugs, you could face a DWI charge.

Penalties for a DUI on a Bicycle in North Carolina

The penalties for a DUI on a bicycle in North Carolina are similar to those imposed on drivers of motor vehicles. These penalties can include:

• Fines: A conviction for DUI/DWI, even on a bicycle, may result in hefty fines.
• Jail time: Depending on the severity of the offense (such as repeat offenses or causing injury), you may face jail time.
• License suspension: While riding a bike under the influence won’t directly affect your biking privileges, it can lead to the suspension of your driver’s license, making it difficult to operate motor vehicles in the future.
• Alcohol treatment programs: In some cases, you may be required to attend alcohol treatment or education programs.

It’s important to note that penalties may vary depending on the circumstances of the offense, including prior DWI convictions, the legal limit of alcohol, or the presence of aggravating factors such as injury or damage to others.

Why You Should Avoid Cycling Under the Influence

While cycling under the influence might seem less dangerous than driving a car while under intoxication, it still carries significant safety risks due to alcohol consumption and traffic regulations:

• Increased likelihood of accidents: Just like operating a motor vehicle, alcohol impairs your coordination, reaction times, and judgment while cycling, and if you are drunk, it further increases your chances of causing or being involved in an accident.
• Injury risks: Because cyclists have less protection than drivers, accidents can result in severe injuries or even death, especially if you collide with a motor vehicle or fall while riding.
• Legal consequences: As discussed, a DUI on a bicycle carries serious legal repercussions under the vehicle code that can affect your record, your finances, and your ability to drive motor vehicles.

Legal Defenses for a DUI on a Bicycle

If you’ve been charged with a DUI on a bicycle in North Carolina, there are legal defenses that might apply to your case. An experienced attorney from Garrett, Walker, Aycoth & Olson, Attorneys at Law can explore possible defenses, including:

• Challenging the stop: If law enforcement didn’t have reasonable suspicion to stop you while riding, the charge may be challenged.
• BAC testing inaccuracies: Issues with breathalyzer or blood test accuracy can be contested in some cases.
• Lack of impairment: Your attorney may argue that despite a BAC reading, you were not actually impaired at the time of the arrest.

Each case is different, so it’s critical to consult with a knowledgeable attorney who understands the nuances of North Carolina DUI laws as they relate to bicycles.

Contact Garrett, Walker, Aycoth & Olson, Attorneys at Law for Help

At Garrett, Walker, Aycoth & Olson, Attorneys at Law, we understand that DUI charges can be stressful and overwhelming. Whether you’ve been charged with a DUI on a bike or in a car, our team is here to help you navigate the legal process and protect your rights. We offer expert legal representation to ensure the best possible outcome for your case.

If you’ve been charged with a DUI on a bicycle, contact us today for a free consultation to discuss your case and explore your legal options.

FAQs About DUI on a Bicycle in North Carolina

1. Can you get a DUI for riding a bike in North Carolina? Yes, in North Carolina, you can get a DUI for riding a bicycle while drunk or impaired by drugs. Bicycles are considered vehicles under state law.
2. What are the penalties for a DUI on a bicycle? The penalties for a DUI on a bicycle are similar to those for a motor vehicle DUI and can include fines, jail time, and a suspended driver’s license, especially if your BAC exceeds the legal limit.
3. Is it dangerous to ride a bicycle while drunk? Yes, alcohol consumption or drinking followed by riding a bicycle while intoxicated is dangerous. Alcohol impairs your ability to safely operate a bike, increasing the risk of accidents and injuries.
4. Can a DUI on a bicycle affect my driver’s license? Yes, a DUI on a bicycle can result in the suspension of your driver’s license, even though the offense occurred on a bike.

Understanding that North Carolina treats bicycles as vehicles under DUI legislation, including the risks associated with intoxication and compliance with traffic regulations, is crucial for anyone who rides. If you’re charged with a DUI on a bike, don’t take it lightly. Reach out to the legal team at Garrett, Walker, Aycoth & Olson, Attorneys at Law for the guidance you need.