Biking and bicycling are common in Charleston for commuting. Biking or bicycle is defined as a vehicle with non-motorized pedals that one or more people can operate. It has two or more wheels, children’s tricycles being the only exception. Technically you might be liable for a DUI on a bike if you’re riding one while inebriated.
In Charleston, South Carolina, there is a difference between drunk driving and drunk biking. So, can you get a DUI on a bike in Charleston? Let’s find out.
Drunk Biking in Charleston
Drunk bicycling isn’t treated as severely as drunk driving or driving a motorized vehicle under the influence, even though a DUI on a bike is a possibility.
No matter the vehicle you are driving, drunk biking has its consequences as well. The difference lies in the severity of the consequences. Many states regard drunk bicycling under DUI laws.
However, in South Carolina, the laws regarding DUI are not applied to a bicycle. Therefore, if you are found drunk biking, you may not be charged severely as in the case of drunk driving.
Difference Between Drunk Biking and Drunk Driving
Drunk driving has repercussions far greater than when drunk bicycling/biking. Drunk driving, which means drunk driving a car, can lead to more serious injuries due to the speed and size of the vehicle.
Therefore, South Carolina DUI laws see drunk driving and drunk biking from two different perspectives. DUI laws related to drunk driving are strict, requiring you to pay fines, penalties, jail time, and even driving license suspension. DUI on a bike may have the same penalties attached.
On the other hand, drunk biking is seen on a lighter note. In Charleston, you won’t be charged with DUI when drunk biking. However, it doesn’t prevent you from being pulled over and questioned. If you are found creating nuisance while drunk biking, you may be punished in other means.
Drunk biking in South Carolina doesn’t fall under DUI and DWI laws, unlike most other states. These laws only apply to motorized vehicles. There are minimal to no chances of getting charged with DUI if you are driving a bike that is non-motorized and has pedals.
However, it is best not to take any chances. If you are found responsible for causing chaos and accident while on the road, you may be charged with a misdemeanor for being intoxicated in public. It will be regarded as public drunkenness, a punishable offense by law that may even result in 30 days of jail time and penalties.
You can also be charged with disorderly conduct. It is another form of a misdemeanor offense that would involve penalties and jail time, similar to public drunkenness. Disorderly conduct implies behaving disorderly in public that either annoys, upsets, or angers the public.
Difference Between Drunk Biking and Drunk Motorbiking
Drunk biking should not be confused with drunk motorbiking. In Charleston, South Carolina, the motorcycle/motorbiking DUI laws are the same as cars.
Drinking and driving a motorcycle is a criminal offense and is treated similarly to any other DUI case in South Carolina.
Whereas drunk biking is not covered under DUI, but you can be charged with other misdemeanor charges.
Therefore, as a responsible citizen, driving under the influence should be prohibited in all circumstances. It is best to call a sober friend to drive you home or hire a hire from Uber or Lyft.
What to Do When Charged With Dui for Drunk Biking?
Taking the help of a good DUI attorney in South Carolina can help you deal with the situation better. He will be able to advise the best course of action and get the best result out of your case.
Penalties for DUI in Charleston
DUI charges in Charleston, South Carolina, should not be taken lightly. Even a first-time DUI offense in Charleston means six months of driving license suspension along with up to 90 days of jail time and a penalty.
The penalty for a first-time DUI offense varies according to the BAC. BAC under 0.10% means you had to pay $400 as a penalty. BAC above 0.16% means you had to pay $1000 as a penalty. For BAC, anything between these figures means a penalty from $400 to $500.
For 2nd time DUI offense, the penalties can be high as up to $6500, suspension of license for one year, and up to 3 years of jail.
For a 3rd time DUI offense in Charleston, penalties are high as up to $10,000, suspension of license for 2 years, and up to 5 years of jail time.
For 4th time DUI offense, permanent suspension of license, and up to 7 years of jail.
Contact Our Charleston DUI Lawyers
Under dire circumstances, if you or your near ones are charged with a DUI on a bike in Charleston, South Carolina, feel free to seek help from our DUI attorneys.