Fort Collins is a bicycling community. Other cities in Colorado such as Longmont, Arvada and Boulder score well: Our state is #2 in the country for bicycle friendliness. It is important for Colorado residents to remember, however, that traffic rules equally apply. This is also true regarding Driving Under the Influence (DUI / DWAI) in Larimer, Broomfield and Boulder County. We are often asked: “Can I be charged with DUI for riding my bike after drinking?” The answer is yes.
Can I Be Charged with DUI for Riding My Bike Under the Influence in Larimer County?
Colorado statute defines Driving Under the Influence – C.R.S. 42-4-1301:
Note that the statute says “motor vehicle” and “vehicle.” These two terms are interchanged throughout the statute. Vehicle is defined as: “A device that is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks.” Included in the statute is: “a bicycle, electrical assisted bicycle, or EPAMD.” (C.R.S. 42-1-102 (112)
To answer the previous question: Yes, you can be charged with DUI if you ride your bicycle while intoxicated in Fort Collins, Loveland or Johnstown. Vehicles are much more of a priority, however, because they pose much more danger to other cars and pedestrians. Often, drunken cyclists can go unnoticed, and are caught because of other behavior. For example, a man was arrested after police responded to a call regarding Criminal Mischief – C.R.S. 18-4-501. According to reports, a passenger riding on the handlebars of a bike jumped off the bike and began hitting a woman’s car. The police arrived and tracked down the rider of the bike (the passenger had disappeared), who was very intoxicated. Following an altercation (the man tried to strangle the police officer); he was arrested and faces multiple charges, including First and Second Degree Assault – C.R.S. 18-3-202, Criminal Mischief – C.R.S. 18-4-501 and Resisting Arrest – C.R.S. 18-8-103.
While it may seem better to hop on your bike after a few beers instead of grabbing your keys, the same laws apply to bicyclists: You could be charged with a DUI in Larimer, Grand, or Weld County. It is always wiser to find a ride with someone who hasn’t been drinking.
If you or a loved one has been charged with DUI in Fort Collins, Loveland, or Estes Park, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-658-0007, or submit the “Get Help Now” form. Together, we can protect your future.
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