When people think of a DUI charge, they usually picture someone driving a car under the influence. But in Florida, you can be arrested for DUI while riding a bicycle. Yes, even pedaling your way home after a few drinks can land you in handcuffs.
However, the rules for a bicycle DUI are not exactly the same as for a motor vehicle DUI, especially when it comes to breath tests and license consequences.
In this article, we’ll explain:
– How you can be charged with DUI on a bicycle under Florida law,
– The key differences between motor vehicle DUI and bicycle DUI,
– Why refusing a breath test does not carry the same consequences on a bike,
– How your driver’s license can still be suspended after a bicycle DUI, and
– Why it’s critical to hire a local St. Petersburg defense attorney familiar with Pinellas County courts.
Can You Really Get a DUI on a Bicycle in Florida?
Yes—you absolutely can. Under Florida Statute §316.193, it is illegal to operate any vehicle while under the influence of alcohol or drugs to the extent your normal faculties are impaired.
Importantly, Florida law defines “vehicle” broadly. A “vehicle” is any device by which people or property are transported on a highway, except for rails or tracks. That definition includes bicycles, even though they aren’t motorized.
Courts across Florida have confirmed this interpretation. In State v. Howard, the Third District Court of Appeal held that Florida’s DUI statute applies to bicyclists because the legislature chose to cover “vehicles,” not just “motor vehicles.”
Key Differences Between Bicycle DUI and Motor Vehicle DUI
While the law allows a DUI charge on a bicycle, there are important differences between the two situations that could impact your defense:
1. Implied Consent Law Does Not Apply to Bicycle DUI
Under Florida’s Implied Consent Law (§316.1932), anyone operating a motor vehicle is deemed to have agreed to submit to a breath, blood, or urine test if lawfully arrested for DUI. Refusing a test typically results in an automatic license suspension.
But because the law only mentions motor vehicles—and explicitly excludes bicycles from the definition of motor vehicle—the implied consent rules do not apply to people riding bicycles.
👉 What This Means for You:
- If you are riding a bicycle and refuse a breath or urine test, you cannot be penalized with an automatic driver’s license suspension for refusing.
- Prosecutors also cannot use your refusal as evidence of guilt at trial.
This was firmly established in State v. Laubel Solis Perez, where the court ruled that evidence of a bicyclist’s refusal to submit to a breath test must be excluded because the implied consent law does not apply to bicycles.
2. License Suspension Still Possible Upon Conviction
Although you won’t face license suspension for refusing a breath test while bicycling, your driver’s license can still be suspended if you are convicted of DUI on a bicycle.
In Chad Lee Heikkinen v. State of Florida, the Sixth Judicial Circuit (Pinellas County) upheld a 10-year driver’s license revocation for a defendant convicted of a third DUI based on a bicycle incident.
👉 Bottom Line:
- If you are convicted of a DUI—even on a bicycle—your driver’s license can be revoked just like a motor vehicle DUI.
- Florida courts treat DUI convictions based on bicycles just as seriously when it comes to driver’s license consequences.
Other Ramifications of a Bicycle DUI Conviction
- Permanent criminal record (not eligible for expungement if convicted)
- Court-ordered fines, probation, or mandatory alcohol treatment
- Potential jail time, depending on prior DUI history
- Loss of driving privileges, affecting work and family obligations
How to Protect Yourself: Hire a Local Defense Attorney
If you’re facing a bicycle DUI charge in St. Petersburg or Pinellas County, it’s essential to work with a local criminal defense attorney who understands the unique aspects of these cases.
Here’s why:
- Local attorneys know which Pinellas County judges and prosecutors are more likely to offer alternatives to jail time.
- A seasoned St. Pete DUI attorney can raise critical legal challenges, such as whether implied consent rules apply or whether the blood-alcohol evidence is admissible.
- Having local experience can help negotiate reduced penalties, such as securing a plea to a lesser charge like reckless driving or public intoxication.
At Fletcher + Fletcher, we have deep experience defending DUI cases—including those involving bicycles—in the Pinellas County courts. We understand the nuances that can make the difference between a harsh sentence and a favorable outcome.
Take Action Before It’s Too Late
A DUI conviction—whether in a car or on a bicycle—can derail your life. But you do have defenses, and you have rights. Don’t let a misunderstanding of the law or an aggressive prosecution damage your future.
📞 Schedule a consultation with Fletcher + Fletcher today.
Let’s fight to protect your license, your record, and your future.
