This is a commonly asked question that we get, especially from University of Georgia students who want to use their bikes as a way to get home from parties and bars. While one may think that riding a bicycle would be a responsible way to get home after a night of drinking, this isn’t the case under the law.
That’s because Georgia law treats bicycles the same as other vehicles and the state’s DUI law is written for all vehicles, including bicycles. In other words, it is possible to get cited for DUI while on a bike.
However, if you are charged with a DUI while riding a bike you do not face the same penalties as a person who is charged with a DUI while driving a car. Under O.C.G.A. 40-6-291, a DUI on a bicycle is treated as an ordinary misdemeanor offense and you do not face the same consequences to your driving privileges.
Of course, if you are cited for DUI while on a bicycle, that doesn’t mean that you should just plead guilty to the charges. In fact, we recommend never pleading guilty to any type of DUI charge without first speaking with an experienced defense lawyer. In any DUI case, there are a number of potential defenses that can potentially apply.
Additionally, even a misdemeanor offense results in a criminal record can have a major affect on your future. Although the consequences of a DUI on a bicycle are not as severe as a DUI in a car, the charge is still serious and should be treated as such.