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Can I get a DWI on Bike?

Posted by Tilem & Associates, PC || 2-Nov-2016

If you have ever ridden home from the bar or a friend’s house after having a few drinks in White Plains, you might have wondered, can I get a DWI while riding a bike in New York?

Unlike many other states in the America, New York legislation regarding DWIs explicitly states that a person must be operating a regular or commercial motorized vehicle in order to face DWI charges. If you are pulled over riding a bike while intoxicated, you will not be charged with DWI. In fact, you cannot be charged with DWI for driving foot pedaled scooters, skateboards and other non-motorized cars while intoxicated.

Other states argue that while operating a bike does not pose as much of a danger to those on the road, the drunk bikers pose a serious threat to themselves and could indirectly cause harm to other drivers on the road if they swerve into oncoming traffic. While you might not be charged with a DWI, you could be accused of other misdemeanor crimes such as public intoxication or another endangerment charge.

There are also exceptions. If you have altered your bike or scooter to have a motor and you are caught operating it while under the influence of alcohol, you could be charged with DWI. This weekend if you plan to drink, be responsible. Plan ahead and arrange to have someone be the designated driver, save the phone number of a taxi into your cell phone or arrange for a friend or family member to pick you up.

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If you were arrested for driving while under the influence, public intoxication or other criminal offense, contact the legal team of Tilem & Associates, PC as soon as possible to defend against your charges.

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