In many states, DUI laws cover both motor vehicles and bicycles. However, in Virginia, the DUI laws under the Code of Virginia § 18.2-266 specifically apply to motor vehicles, engines, or trains.
Can you get a DUI on a bike in Virginia? While bicycles aren’t classified as motor vehicles for DUI purposes in Virginia, you can still face other charges if you’re caught riding under the influence of drugs or alcohol.
Suppose you’ve been cited or charged with offenses related to biking under the influence. In that case, it’s essential to consult with a Virginia attorney who specializes in reckless biking and DUI cases to discuss your defense options.
What Vehicles Can You Get a DUI On?
It is never a good idea to ride or drive under the influence. Alcohol significantly increases the risk of traffic accidents and crashes with alcohol are more likely to cause injuries and fatalities compared to those without alcohol.
In Virginia, DUI laws apply to various vehicles, including cars, trucks, and motorcycles. If you’ve been accused of drunk or impaired driving, you have the right to defend yourself against these charges.
To build a strong defense, you must have a thorough understanding of Virginia’s DUI laws and how they apply to your situation. Talking to a professional attorney can help you understand the legal process and consider your options for challenging the charges.
Could You Get a DUI on an Electric Scooter?
In Virginia, electric bikes (e-bikes) are treated the same as regular bicycles, so the same road rules apply to e-bikes and traditional bikes. Virginia categorizes e-bikes into three classes:
- Class 1: E-bike with a motor that assists only when you’re pedaling.
- Class 2: E-bike with a throttle motor that stops assisting when you reach 20 mph.
- Class 3: E-bike with a motor that assists only when you’re pedaling and stops at 28 mph.
While Virginia’s DUI laws don’t specifically cover e-bikes, different federal, county, and local trails might have their own rules for e-bike riders.
Can You Get a DUI on a Scooter?
In Virginia, Code § 18.2-266 law includes mopeds as motor vehicles used on public highways. A moped in Virginia is defined as a vehicle with these features:
- It has three or fewer wheels.
- The seat is at least 24 inches high from the ground to the middle of the seat.
- It’s a small-engine vehicle powered by gasoline, electricity, or a combination of both.
Two-wheeled vehicles with an engine displacement of less than 50 cubic centimeters and a maximum speed of 35 miles per hour are classified as mopeds. If your scooter fits these criteria, you can be charged with a DUI while riding it.
The term “highway” in the law also refers to any public road or path open for vehicular travel. So, you could be held liable for DUI if you’re riding your moped on public property, but not if you’re on private property.
Reckless Biking Charges
Although Virginia law does not classify bicycles as motor vehicles, cyclists can still be charged with reckless biking. A police officer might give you a ticket for reckless biking if a cyclist:
- Rides in a way that endangers themselves, others, or property
- Loses control of their bike due to faulty brakes
- Passes another vehicle on a curve or steep incline
- Passes at a railroad crossing
- Passes a stopped school bus
- Fails to signal properly
- Does not yield when required
Receiving a reckless biking citation can result in fines and a court appearance. It may also have additional consequences that could affect your life.
Defenses to DUI Charges in Virginia
You might think that being on a bike instead of a motor vehicle will lead to the dismissal of reckless driving charges, but Virginia courts take these charges seriously. If the government can prove you broke one of Virginia’s reckless driving laws, you could face a Class 1 misdemeanor conviction.
Your defense against a reckless driving charge depends on the details of your case. Here are some common defenses for DUI charges in Virginia:
Invalid Stop
Police must have a valid reason to stop you for suspected drunk or impaired driving. A skilled defense attorney can challenge the stop if it is unlawful.
Invalid Arrest
Officers need sufficient evidence to arrest you for reckless driving or DUI. A DUI defense lawyer can challenge the arrest if the officer did not have enough cause.
Challenging Sobriety Tests and Results
Officers use various tests to check for impairment, including field tests, eye tests, breath tests, and blood tests. An attorney can question the validity of these tests and their results.
Raising a BAC Defense
A defense lawyer might use a “rising blood alcohol content (BAC)” argument. It suggests that your BAC was under the legal limit when you were riding, but it increased by the time of the blood test. An expert witness can help support this claim.
Additionally, many DUI defenses involve arguing that your constitutional rights were not respected during the traffic stop or arrest.
Contact a skilled DUI defense lawyer about your case today
If you’ve been arrested for a DUI in Virginia, having an experienced criminal defense attorney is crucial.
The Law Offices of Krum, Gergely, & Oates are dedicated to helping clients handle serious DUI charges with minimal impact on their lives. Our team of skilled advocates has decades of experience fighting for the best outcomes in DUI cases.
We understand the stress that comes with a DUI charge, which is why we offer a free consultation. To schedule, call us at (703) 988-3711 or (301) 840-0080 or use our online contact form. We’re here to help without adding to your financial burden.
