DUI Charges in Utah for Riding a Bike

Some DUI Cops in Utah Are Asinine

Just when you thought Utah could not become any more ridiculous, it does, and never ceases to surprise.  Cops are giving DUIs on all sorts of “vehicles” including bicycles, four wheelers, and dirt bikes.  Certain cops have even given Utah DUI citations to intoxicated individuals riding a horse.  Ridiculous right?

The problem is that the Utah statutes which apply to DUIs give cops plenty of room to do exactly what they are doing.

DUI Law in Utah

The DUI statutes are found in Title 41, which is entitled “Motor Vehicles.”  The name of the title itself it would suggest that a bicycle DUI is not permitted, but one has to look further.

The DUI code states that “A person may not operate or be in actual physical control of a vehicle…”  Okay, so what is a vehicle?  Under Utah Code 41-6a-102(72) the term “vehicle” “means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except devices used exclusively on stationary rails or tracks.”  “Highway” “means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel.”

So basically a vehicle can include anything with or without a motor which can transport you on a highway.  So yes, a bike DUI is a real possibility.

What Do You Do?

Honestly, just avoid drinking and driving anything that moves.  Who knows, with the way Utah cops go about citing bike and horse DUIs you might as well avoid drinking and then getting a piggy back by one of your friends down the street.  Chances are you could get cited for a DUI even for that.

Whatever type of DUI you’re being charged with, call us at 801.618.1334 and we can help.

Send Us A Message

More Posts

When is a protective sweep justified?

What Is A Protective Sweep?

A Protective Sweep is an Exception to the Warrant Rule. Generally speaking, law enforcement officers cannot enter your home to conduct a search without a