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Bicycle DUI

Cycling Under the Influence of Intoxicants

It’s no joke.

The reality is that law enforcement have arrested people for drunk driving on virtually every mode of transportation, including bicycles, ATVs, snowmobiles and riding lawn mowers.

Colorado’s DUI statute is found at C.R.S. § 42-4-1301 and speaks to any person who “. . . drive[s] any vehicle .” The law specifically includes a bicycle under the definition of “vehicle,” which means Colorado DUI law does apply to any person operating a bicycle.

A cyclist  with a BAC between 0.05 % up to 0.08 % is presumed by law to be “driving while ability impaired (DWAI).” If the BAC is 0.08 % or greater, he is presumed to be driving under the influence (DUI). A bicycle rider is under 21, it takes a BAC of only 0.02 to be presumed to be an underage drunk driver (UDD).

Drunk Driving Defense in Denver

These cases often result in very serious consequences because the person riding a bicycle was already under driving restrictions, or convicted of a drunk-driving offense. Enhanced penalties for subsequent violations can make bicycle DUIs very serious charges under Colorado law.

2nd DUI/DWAI with 5 years - Misdemeanor
10 days to 1 year in jail.
Possible home detention.
2 to 4 years probation.
$600- $1,500 fines.
Up to 120 hours community service.
1 year license suspension.
3rd DUI/DWAI with 5 years - Misdemeanor
60 days to 1 year in jail.
Possible home detention.
2 to 4 years probation.
$600- $1,500 fines.
Up to 120 hours community service.
2-year license suspension.
Felony DUI in Colorado
4th Offense - Felony
Class four felony - 2 to 6 years in prison.
Probation orders carry up to two years in jail.
Fines of at least $2,000 and up to $500,000.

These charges typically cost a defendant as much as $20,000 in lost wages, increased insurance premiums, alcohol and drug treatment classes, ignition interlock devices, court and supervision fees, years of probation and other bureaucratic consequences. Job loss and the inability to hold certain jobs or professional licenses are commonplace.

Early consultation with an experienced drunk driving defense attorney in Denver is the best thing you can do to protect your rights. There are many defenses to these types of charges. However, it’s up to a defendant to seek the legal protections afforded under the law. Too often, defendants fail to seek help with a first offense, and quickly find themselves with two or three drunk driving charges. And yes, even a bicycle DUI.

Stop the nonsense and assert your rights by reaching out to an experienced DUI defense attorney in Denver.  Never forget that law enforcement can charge you with whatever it wants. All that matters is whether you are convicted in a court of law. Investing in an experienced criminal defense lawyer is almost always money well spent, and may even save you money in the long run.

Those facing charges should consult with a drunk driving defense  lawyer in Denver or the surrounding areas, including Highlands Ranch, Littleton, Ken Caryl, Columbine, Golden, Lakewood, Broomfield, and Arvada.

Call drunk driving defense lawyer James Colgan for a free and confidential consultation to discuss your rights. Call 720-909-6425 today.

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