Pennsylvania’s DUI Laws Apply to More Than Just Motor Vehicles

A Montgomery County, Pennsylvania resident convicted of Driving Under the Influence of Alcohol a few years ago, traded in his motor vehicle for a bicycle; to prevent himself from receiving any future DUI related charges. He never anticipated being charged with a second-offense for Driving Under the Influence, while riding his bicycle.

On July 4, 2007, he was riding his bicycle from a holiday party in Narberth, PA to his home in Havertown, PA, when he was struck by an automobile. He was treated at the scene, and taken to the hospital, where his blood alcohol content was tested. Testing resulted in a BAC reading of 0.155, nearly double the legal limit of 0.08. He subsequently was arrested for drunken bicycling; an offense punishable by the same penalties as Driving under the Influence.

The prosecutor, a Montgomery County Assistant District Attorney, explained that Pennsylvania law considers a bicycle as a vehicle, and that riders are subject to almost all of the same rules as drivers of motor vehicles. “Here, the statute is clear…Someone on a bicycle is subject to the DUI statute and he was pedaling his bicycle while under the influence on a roadway.” The bicyclist was sentenced to 15 consecutive weekends in jail, or 30 days, and 22 months of probation for a second DUI offense within 10-years. He also was ordered to pay a $1,500 fine and court costs, ordered to complete an alcohol-related highway safety program, and must follow any other recommendations after being evaluated for alcohol abuse. His driver’s license has been suspended for up to 18-months.

Driving Under the Influence

Pennsylvania law states that “Every person riding a pedalcycle upon a roadway…shall be subject to all of the duties applicable to the driver of a vehicle.” Pennsylvania statute defines a “vehicle” as “every device in, upon or by which any person or property is or may be transported or drawn upon a highway.” Pennsylvania law mandates minimum sentences for DUI and DUI related crimes. Penalties are determined according to elements of the crime, as well as other factors such as prior convictions within the past ten years.

If you have been charged with DUI or a related offense, you should retain an experienced criminal defense attorney. For a confidential consultation, contact the Law Offices of Marc Neff.