Bicycle DUI – What is the Law?
Yes, you can get a bicycle DUI in Ohio.
Ohio Revised Code 4511.01(A) defines a vehicle under Ohio law. It includes a bicycle. In State v. Shepard, 1 Ohio App.3d 104, 439 N.E.2d 920 (1st Dist. Hamilton County 1981) a bicycle DUI was upheld for a mounted cyclist. This case distinguished Jones v. Santel, 164 Ohio St. 93, 57 Ohio Op. 106, 128 N.E.2d 36 (1955) which held that an intoxicated person who was pushing a bicycle was a pedestrian and not operating a vehicle. You can even get a bicycle DUI on a child’s bike that is way too small for you. See State v. Jones 2008-Ohio-304.
There Are Exceptions To A Bicycle DUI
R.C. 4511.52 limits the applicability of Ohio’s DUI law (R.C. 4511.19) to only those instances where a bicycle is operated “upon a highway or upon any path set aside for the exclusive use of bicycles.” See State v. Wahl 2003-Ohio-849. In addition, R.C. 4511.52(B) prohibits the assessment of points against bicyclists.
Call Charlie If You Face A DUI
If you find yourself charged with a bicycle DUI give me a call at (937) 318-1384. I have successfully defended the accused drunk driver since 1995. I limit my practice exclusively to DUI defense.