Can I Get a DUI on a Bike in Illinois?

 Posted on April 17, 2018 in DUI/DWI

After drinking too much, the worst decision is to getinto a vehicle and drive. Taking a cab, ride share, or otherwise getting a ride home is the best option. However, some peoplemay want to ride their bike home after having a bit too much to drink.This option is safer than drivinga car; however, there are safety risks to riding a bike under the influence. Additionally, whilethere are certainly dangers to riding a bike under the influence of alcohol, and other states give DUIs to bike riders, you will not receive a DUI charge.

Illinois DUI Laws

Illinois DUI statute states that “a person shall not drive or be in actual physical control of any vehicle” while having a blood alcohol concentration of 0.08% or more. The definition of vehicle under Illinois law is a device that transports a person or property, “except devices moved by human power.” By definition, a bike is not categorized as a vehicle. A bike is “moved by human power.”

In order toreceive a DUI on a bike, thebicycle must be motorized and capable of traveling greater than 20 miles an hour. That being said, while you cannot get a DUI while riding a bike, riders are still subject to the same laws as motor vehicle drivers in Illinois.

Even if you cannot receive a DUI while riding a bike, you can definitely still receive a DUI while operating your car. Driving under the influence is dangerous, but it does happen.Moreover, you need to be aware of what can happen if you are charged with a DUI.

If you are convicted of a DUI, you can face hefty penalties. The more DUIs you have on your record, the more severe the consequences get. In Illinois, one DUI can lead to a license suspension for three months, or even more. A second DUI conviction carries the possibility of a one-year suspension of your license. Receiving a third DUI can lead to the suspension of your license for up to 10 years. The penalties rise from there. Both misdemeanor and felony convictions are possible, as well as a charge of an aggravated DUI.

Let Us Help You with Your Case

If you have been charged with a DUI, you need a dedicated and experienced Rolling Meadows DUI attorneywho can fight for you. At the Law Offices of Christopher M. Cosley, we are uniquely qualified to handle your DUI defense. Do not hesitate to contact us today for help.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K1-217