Recently in Florida, an arrest and conviction of a DUI charge can not only occur while driving a motor vehicle, but also by simply driving a bicycle. While the news has left many wondering whether or not this is a joke or not, sources say it is actually more common than many people know to be arrested while operating a bicycle while being under the influence.
However, an issue at the time pertaining to bicycling and operating it under the influence is a bit different than when driving a motor vehicle. Generally, when driving a car, just by driving you give an implied consent to participate in a DUI field sobriety test when a law officer requests it, as printed on a driver’s license. Yet, you do not need a license to drive a bicycle. The Florida stature pertaining to driving while under the influence is very broad in saying that a DUI is when a “vehicle” is involved. In stating that, a bicycle is a mode of transit in which can we used on public roads, streets, or even highways, but is not a motor vehicle. Also, there have been many varying arguments about bicycles being able to ride aside cars and share the roads with them, which poses a possibly traffic delay, and a hazard to safety to other drivers and pedestrians.
When it comes down to the actual suspension of a license while dealing with a DUI charge, a motor vehicle operator is really the only person eligible for the suspension, as previously stated, a bicyclists do not have to hold a valid or a license period to operate the bicycle. When it comes to the court of law, usually there is a split or heavy debate as to whether or not a driver’s license suspension is possible to a citizen who committed to the misdemeanor of driving while under the influence while not operating a motor vehicle.
In 1987, the state of Florida dealt with such an issue in the third District Court of Appeals. Based on the statue, the DCA concluded that the Florida legislature had a very broad, undefined definition of a vehicle when it came to driving while under the influence. Even today, the Florida Supreme Court has still not clearly stated whether or not a driving while under the influence charge can be committed as an act on a bicycle.
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