Have you been in a bicycle accident in New York where alcohol was involved?
When this happens, it’s important to learn as much as possible about New York bike laws, including the laws regarding biking while intoxicated. Getting a DWI on a bike in New York can be a serious offense that carries significant consequences.
Here we look at what you need to understand about getting a DWI on a bike in New York. Keep reading to learn more.
What is a DWI?
DWI, or Driving While Intoxicated, is when a person operates a vehicle while under the influence of alcohol or drugs. This is a criminal offense in the State of New York.
Is Riding a Bike While Intoxicated Illegal?
Yes, riding a bike while intoxicated is illegal in New York. Even though a bike is not a motor vehicle, it is still considered a vehicle under New York law, and cyclists are subject to the same laws and regulations as motorists.
Therefore, if a cyclist is found to be operating a bike while under the influence of alcohol or drugs, they could be charged with a DWI.
Legal Limit for Alcohol Consumption
There is no specific legal limit for alcohol consumption while riding a bike in New York. However, it is illegal to operate a bike while under the influence of alcohol or drugs to the extent that the rider’s ability to operate the bike is impaired.
What are the Penalties?
The penalties for getting a DWI on a bike in New York can include fines, jail time, license suspension, and the installation of an ignition interlock device on any motor vehicle the offender owns or operates.
The specific penalties depend on several factors, including the drunk cyclist’s prior criminal history, the level of intoxication, and whether any property damage or personal injury occurred.
Can You Refuse a Breathalyzer Test?
Yes, you can refuse a breathalyzer test while riding a non motorized vehicle in New York. However, refusing a breathalyzer test can result in an automatic license suspension and can be used as evidence against you in court.
Hire an Experienced DWI Attorney
If you get a DWI on a bike in New York, you should seek legal advice from a qualified attorney. A skilled attorney can help you navigate the legal process. This includes negotiating with prosecutors and defending your rights in court.
Additionally, you should avoid making any statements to the police or admitting guilt, as anything you say can be used against you in court.
Getting a DWI on a Bike in New York
It is important to understand the laws surrounding bike riding while under the influence of drugs or alcohol. Fortunately, this guide to DWI laws in New York will help you avoid an unfortunate situation.
Please contact us today to schedule a free consultation with one of our DWI defense experts.
