Cycling Under the Influence
Riding a bicycle under the influence of alcohol or drugs is a crime in nearly every state in the U.S. The punishment for cycling under the influence is often considerably less than the consequences of drunk driving in a vehicle, but there’s no reason not to fight the charges. A skilled cycling while intoxicated defense lawyer from www.NotDrunk.com will aggressively fight a cycling under the influence or CUI case on a number of issues.
Bicycles aren’t considered vehicles in most states, and therefore aren’t covered by the usual laws governing drunk driving. However, many states have separate laws covering bicycles that riding bicycles while intoxicated.
Bicyclists accused of riding under the influence may be subjected to a field sobriety test. Even though field sobriety tests are optional, many police officers neglect to mention that to drivers and cyclists accused of being under the influence. Field sobriety tests are designed to be failed, so the results typically serve only to justify an arrest and provide evidence in a court case.
Just like in a drunk driving case, any bicyclist arrested for CUI must take a chemical test to establish blood alcohol content (BAC). Unlike DUI laws governing vehicles, which set a “per se” limit of .08 percent BAC, many states have no magic number in a CUI case.
Several effective methods can be used to attack a CUI charge, including posing a challenge as to whether the cyclist was in fact riding on a “highway” if that is what is specified in the state statute. Although the definition of highway includes public streets, it excludes driveways and private roads.
Another approach is to attack the cyclist’s chemical test results. Chemical tests are often given at least an hour after arrest, so the results can be grossly inaccurate if the bicyclist’s body has continued to absorb alcohol after being arrested. Remember, it’s not against the law to be under the influence hours later at the police station, only when actually riding a bicycle.
There are many successful challenges to CUI cases.. A knowledgeable attorney from www.NotDrunk.com with experience fighting CUI cases will use a proven defense strategy designed to cast doubt on the charges and protect the cyclist’s rights.