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Can you get a DUI on a bicycle in Arizona?
The state of Arizona has clear laws defined for driving under the influence. However, when it comes to riding a bicycle while under the influence of an intoxicant in Arizona, referred to as BUI (Biking Under the Influence) or CUI (Cycling Under the Influence), the laws are different. Read on to understand the bike laws in Arizona better.
A “Bicycle” is defined as a device which is propelled by human power. Racing wheelchairs also fall under this category. A person may be able to ride on the device which either has two tandem wheels, either of which is more than sixteen inches in diameter, or it has three wheels that are in contact with the ground, any of which is more than sixteen inches in diameter.
On the other hand, a “Motor Vehicle” is defined as a self-propelled vehicle, or a device by which a person or property may be transported on a public highway. Devices moved by human power are excluded from this category.
By definition, bicycles are not motor vehicles as they are not self-propelled. Since the DUI statutes in Arizona define drunken driving as someone being in control of a motorized vehicle while under the influence, pedaling a bike or riding on a skateboard does not qualify as a motorized vehicle, hence you cannot face a DUI on a bike in Arizona.
Similarly, you cannot be charged with a DUI in Arizona if you are riding a horse while under the influence. The DUI laws in the state of Arizona require you to be actually in control of a vehicle while under the influence to be charged. The driver could be in control of a four wheeler, or some type of ATV, to be charged with a DUI. The deciding factor is the horsepower of the vehicle for someone to be charged with a DUI.
If you are not sure whether the ride you were on actually constitutes as a vehicle in the state of Arizona or not, get in touch with a DUI defense lawyer. Most lawyers provide a Free Initial Consultation session, which gives you the opportunity to discuss your case before hiring them.
Some other terms that you need to familiarize yourself with when it comes to DUI related bicycle laws in Arizona are listed below:
“Moped” refers to a bicycle that is equipped with a helper motor. It is a small motorcycle that generally has a less stringent licensing requirement than motorcycles and automobiles. A moped will typically travel at about the same speed as a bicycle on a public roadway.
A “Motor driven cycle” refers to a motorcycle with a motor that produces no more than five horsepower. This includes every motor scooter.
An “Autocycle” refers to a three-wheeled motorcycle on which the driver and passengers ride in a fully or partially enclosed seating area.
The vehicle is equipped with a roll cage, and has safety belts for each occupant. It also has antilock brakes and is designed to be controlled with a steering wheel and pedals.
For more information on these and other terms, refer to 28-101 of the Arizona Revised Statutes.