The police and prosecutors in Florida take DUI charges very seriously.  The way Florida’s DUI penalty framework is set up is designed to strongly discourage recidivism (i.e. repeat offenders).  Unfortunately, sometimes the application of law becomes somewhat detached from meaningful real world policy and yields somewhat misguided results.  If a person has a serious drinking problem and has been convicted twice of a Florida DUI within the last 10 years, the person might decide that it is important not to get a third DUI offense, which could result in a ten year suspension of one’s driving privileges.  This is a laudable goal that should be encouraged.  Unfortunately, Florida DUI law does not distinguish between driving a 10,000 pound pickup truck and a 60 pound bicycle.

In Florida, a person may receive a DUI conviction for riding a bicycle with a blood alcohol level that exceeds .08 percent, the level at which one is legally presumed to be too impaired to drive under Florida DUI law.  The driver is deemed “per se intoxicated” with a blood-alcohol level at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.

The relevant DUI law in Florida provides that if a person’s BAC is at or above .08 percent and he or she engages in the following conduct, the person may be charged with DUI:

A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state

The terms “driving” and “vehicle” are construed very broadly under Florida DUI law.  A Florida court construing this law in the context of a bicyclist charged with DUI indicated that the law applies to ANYONE in physical control of a vehicle.  The court also found that a vehicle as referenced in Florida’s DUI statute included any device by which a person may be transported upon a Florida roadway.  A conviction for DUI of a bicyclist has been upheld based on this reasoning.

The wisdom of such a broad interpretation of Florida’s DUI law is arguably misguided.  Presumably, the rationale behind tough drunk driving laws is that vehicles that weigh several thousand pounds and move at speeds of 70 mph can cause massive carnage, catastrophic injuries and fatalities.  A person who drives a motor vehicle under the influence of alcohol in Florida puts the safety and lives of others in danger.  However, an intoxicated bike rider presents far less of a danger to others on the roadway.  It may be a bad idea to ride a bike while intoxicated, but the greatest danger is to the bicyclist own safety.  One might ask is it not better to have a person who has a habitual problem with alcohol on a bicycle where they pose much less danger to others?

Misguided or not, Florida DUI law does allow for a driver to be arrested and convicted for DUI if their blood alcohol level is at or over .08 percent.  While it is unclear whether this means you will also be arrested for DUI in Florida if you are driving a horse drawn carriage, it might be a good idea not to test the law.  If you are arrested for DUI for driving any vehicle in Florida, you should seek legal advice from an experienced Florida DUI attorney.

Call 1 (800) 687-2252 For a Free Consultation With a Florida DUI Lawyer In Your Area

Hiring a Florida DUI attorney to aggressively defend you can help you obtain the best possible result in your case.  Call our toll-free, Florida DUI Helpline at 1 (800) 687-2252 or search our Florida DUI Lawyer directory for a law firm near you (by appointment only).

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