Florida Bicycling Under The Influence





When I was a kid I remember the entertainment we would have when somebody would ride a random vehicle out of the bar. Sometimes it would be a lawnmower other times it would be a bike. Not many things in the world are more amusing then watching someone who is hammered try to pedal home on a bicycle. I do not know for sure but in the Midwest I always assumed it was legal. As a former prosecutor and DUI defense attorney I can assure you this is not the case in Florida. Every person propelling a vehicle by human power has all of the rights and all of the duties applicable to the driver of any other vehicle. A person is guilty of the offense of driving under the influence and is subject to punishment if the person is driving or in actual physical control of a vehicle within this state while impaired. The term "driver" referenced in the Florida DUI laws means any person who drives or is in actual physical control of a vehicle on a highway or who is exercising control of a vehicle or steering a vehicle being towed by a motor vehicle. Vehicle is every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway. Based on these broad definitions, a person driving a bicycle would fall within the application of the Florida DUI laws.







