With growing numbers of DUIs in Arizona over the years, driving laws have become stricter. But as they evolve over time, confusion begins to stir on who certain laws apply to. Most bicycle laws are simple and clear to bicyclists, however with changing times there are laws that have raised misconceptions.
Rules of the Road
Arizona State law says the same rules apply to cyclists on the roadways as other vehicles. Although this seems straightforward there seems to be one particular law that is causing confusion among bicyclists. According to the National Highway Traffic Safety Administration, nearly 25 percent of cycling deaths involve a rider who was intoxicated – but is there such thing as a DUI on a bicycle in the state of Arizona?
Driving While Under the Influence
According to the Arizona State Legislature, it is unlawful for a person to drive or be in actual physical control of a vehicle in Arizona under any of the following circumstances:
1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
3. While there is any drug defined in section 13-3401 or its metabolite in the person’s body.
With that being said, it is still unclear as to whether or not a bicyclist applies to this law.
Vehicle vs. Bicycle in Arizona
State law defines a vehicle as a “device in, on or by which a person or property is or may be transported or drawn on a public highway, excluding devices moved by human power” while a bicycle is defined as a device that is moved by human power.
Because section 28-1386 specifically mentions that a person must be in “actual physical control of a vehicle,” according to the official state definition, it is not lawful to charge a bicyclist of riding under the influence.
According to College Times Magazine, Steve Carbajal of the Tempe Police Department said DUI laws are “very specific to motor vehicles.” He said that in Arizona there is no law regarding riding under the influence.
Although it has been established that a bicyclist cannot get charged with a DUI, you can still be cited for different violations such as disorderly conduct, and in some cities, public intoxication.
To reduce your risk- legal and otherwise- consider driving with a designated sober driver or using public transportation.
DUI Convictions in Arizona
If you have been charged with a DUI, having an experienced Arizona DUI lawyer on your side can make a difference in your DUI defense and how much time you serve. DUI lawyers Christopher Corso are former Maricopa County prosecutors. Their experience prosecuting drunk driving cases makes them better Arizona DUI lawyers. Call them today at (480) 471-4616 to get your Arizona DUI questions answered.
Their DUI defense experience with Arizona DUI charges means you receive the benefit of their expertise at handling more than 15,000 DUI cases. Having an Arizona DUI attorney with that kind of experience means your case will be handled by DUI lawyers who know how the system works and how to best defend you against an Arizona DUI or drunk driving charge.
What You Can Do
Hiring an experienced DUI attorney is always the best way to protect you and your family. A DUI conviction will remain on your record permanently and will be used as a prior offense for the next ten years. One criminal defense team in Scottsdale has worked with over 15,000 DUI cases.
Corso Law Group will give you the benefit of their expertise when fighting for your case. Having an Arizona DUI attorney with experience means your case will be handled by DUI lawyers who know how the system works and how to best defend you against an Arizona DUI or drunk driving charge.