Attorney Jim Butler: Can I Get A DUI For Driving A Bike Under The Influence In Houston TX?

DUI Attorney: Bicycling Under The Influence In Houston TX – Is That Breaking The Law?

I am a bicycle accident lawyer, and I frequently am in conversations with bicyclists where we end up discussing whether it is legal or not to ride under the influence. The topic has been gaining steam recently, particularly with more bicycle lanes being introduced in urban areas (where residences are connected to watering holes and pub crawls continue to grow in popularity, like Houston’s monthly ride called Critical Mass. The answer to whether or not pedaling under the influence is legal will depend on the DUI laws in each state. In this article, we will be addressing the issue in Texas, Mississippi, and Louisiana. nyerőgépes játékok regisztráció nélkül If you have been charged with a DUI while riding a motorcycle contact a reputable attorney in Houston TX such as Butler Law Firm.

DUI Laws In Houston Texas For Bicyclists

In most states, DUI laws prohibit operating a vehicle while they are under the influence. However, “vehicle” is a very broad term that could potentially apply to a skateboard up to an oil tanker with everything in between. Therefore, each state’s DUI laws need to be looked at in order to determine whether or not bicycles are part of the prohibited vehicles definition.  The law in Texas (Texas Transportation Code Ann. §49.04) prohibiting driving while under the influence of either controlled substances or alcohol is written to apply to motor vehicles and so, therefore, doesn’t apply to bicyclists directly.

Driving Under The Influence On A Bike

There is a DUI law in Louisiana that prohibits operating a motor vehicle vessel, watercraft, aircraft, another mode of conveyance while intoxicated. In 2000 the issue as it relates to bicycles finally came to a head when Louisiana’s Supreme Court criminal case called to be the reason for the outcome of the law for DUI. The Court held in this case that the DUI didn’t apply to bicycles since both the intention and interpretation of the law were too ambiguous in being applied to bicycles. Lawmakers in Louisiana haven’t amended the statute in order to include bicycles.

The Outcome For Bike Riders (DUI)

Mississippi’s law (Mississippi Code Ann. §63-11-30), by contrast, prohibiting driving while under the influence, does apply to all vehicles, which includes bicyclists. So you should not operate a bicycle while you are intoxicated and if you do operate a bicycle while you are under the influence of a controlled substance or alcohol in can result in severe punishments. ingyen letölthető nyerőgépes játékok kockás

What Happens In Houston TX If I Drive A Bicycle Under The Influence

However, just because an activity might be legal doesn’t mean necessarily that it is the best practice. Intoxication might be more closely linked to activities that increase the risk of injuries, including riding without reflective devices, without lights, at night, or without a helmet. This has been confirmed by studies, including one that analyzed 200 bicyclists with injuries at an Austin, TX. trauma center. That found that 40 of the cyclists either had reported consuming alcohol or had elevated levels of blood alcohol. ingyenes online nyerőgépes játékok The study also found that those bicyclists who consumed alcohol had higher injury rates while riding in the rain or at night. Even in light of the findings of a 2008 study where it demonstrated that more bicyclists facilities were the result of the intoxication of motorists than by bicyclist intoxication, we still highly encourage that bicyclists avoid riding while under the influence whenever possible to help ensure safer shared roadways between bicyclists and motorists.

For more related articles by a DUI attorney in Houston Tx, check out our blog. If you have questions or concerns make sure to reach out by calling us today.

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