Can You Get a DUI on a Bicycle in Cobb County?
Driving a car or any motor vehicle under the influence of drugs or alcohol is considered illegal in Georgia. Most folks are well aware of that. Many, however, would be shocked to find out that you can also get a DUI for riding a bicycle under the influence of drugs or alcohol. The penalties are actually the same for those caught driving a car while intoxicated. This is because a bicycle is defined as a vehicle under Georgia State law.
According to Georgia Code § 40-6-291:
- (a) The provisions of this chapter that apply to vehicles, but not exclusively to motor vehicles, shall apply to bicycles, except as provided in this Code section and except that the penalties prescribed in subsection (b) of Code Section 40-6-390, subsection (c) of Code Section 40-6-391, and subsection (a) of Code Section 40-6-393 shall not apply to persons riding bicycles.
- (b) Notwithstanding the provisions of Code Section 40-6-50, any person operating a bicycle may ride upon a paved shoulder; provided, however, that such person shall not be required to ride upon a paved shoulder.
- (c) Any person operating a bicycle may signal a right turn with his or her right arm and hand extended horizontally or with his or her left hand and arm extended upward.
In other words, in Georgia, because a bicycle is legally considered a vehicle, you can end up with a DUI charge if you have any amount of drugs in your system or a blood alcohol concentration of .08 or more.
Criminal consequences of driving under the influence
Georgia State law considers cycling under the influence to be a misdemeanor. The offense is punishable by up to 12 months in jail as well as a fine of up to $1,000. However, it is rare that an individual would receive the maximum sentence for a misdemeanor case in Georgia, especially for riding a bike while under the influence. Generally speaking, an individual who was caught biking under the influence would be placed on probation. While on probation, you will be expected to not violate any more laws. You will also have to maintain contact with a probation agent and alert them to any changes of address or phone number.
The conditions of your probation will include obtaining a chemical assessment and following the recommendations of the assessment. This can include treatment for chemical dependency. The assessment is there to determine whether or not you need further treatment for substance abuse problems.
The court can also order you to attend “DUI School” as a condition of your probation. The DUI Alcohol or Drug Risk Reduction Programs are managed by the Department of Driver Services in the State of Georgia. The 20-hour class can be taken over the course of several weeks. In other cases, some locations offer a two-day weekend program.
Talk to a Smyrna, Georgia DUI Attorney Today
Andrew L. Schwartz, P.C. represents the interests of Cobb County residents who have been arrested and charged with DUI. Call our Cobb County criminal lawyers today to schedule an appointment, and we can begin preparing your defense right away.
