Atlanta Cycling Under the Influence Attorney
Being arrested for cycling under the influence is serious. You should treat a cycling DUI charge with as much concern as you would if charged with a DUI while operating a motor vehicle. That means you need to consult an experienced Atlanta cycling DUI attorney about your case as soon as possible.
DUI Jim and the legal team at Yeargan & Kert, LLC are ready to assist you in preparing a strong defense to DUI charges. Call now to find out how we can help you with a cycling DUI charge.
Georgia Classifies Bicycles as Vehicles
Georgia courts view driving under the influence very seriously. A motorist charged with drunk driving, regardless of whether they caused a car accident, can face severe fines, prison time, and license suspension for a guilty verdict. Additionally, bicyclists can also face severe punishments if caught bicycling under the influence.
According to GA Code §40-6-291, the laws of the Georgia Motor Vehicles and Traffic Code apply to bicycles, in addition to motor vehicles with very few exceptions.
In other words, a bicycle is considered a “vehicle” under Georgia law. Therefore, the traffic laws prohibiting a driver from operating a vehicle while under the influence of alcohol apply to cyclists too.
What is Cycling Under the Influence?
GA Code §40-6-391 states that a person cannot drive or be in physical control of a moving “vehicle” while under the influence of alcohol or drugs. Because Georgia’s definition of “vehicle” includes bicycles, DUI laws also apply to cyclists.
Therefore, a person could be guilty of a DUI on a bicycle if they violate one or more of the state’s DUI laws.
Cycling under the influence is described as:
- Being under the influence of alcohol to the extent that would make it less safe for the cyclist to operate a bicycle;
- Being under the influence of any drug to the extent that would make it less safe for the cyclist to operate a bicycle;
- Intentionally being under the influence of an aerosol, glue, or other toxic vapor to the extent that would make it less safe for the cyclist to operate a bicycle;
- Being under the combined influence of two or more substances described above to the extent that it would make it less safe for the cyclist to operate a bicycle;
- The cyclist’s BAC (blood alcohol concentration) is .08 or higher while operating a bicycling or being in physical control of the bicycle within three hours from the time of the consumption of the alcohol; and,
- Operating a bicycle or having physical control of the bicycle while under the influence of marijuana or a non-prescribed controlled substance. This includes the derivatives of the substance.
Even if you have a valid prescription for a controlled substance, you could be arrested for cycling under the influence of drugs. If the prescribed drug impairs the cyclist’s ability to operate the bicycle safely, the cyclist could face cycling DUI charges.
Even though the police arrested you for cycling under the influence in Atlanta, you are not guilty until the state proves all legal elements required for a cycling DUI conviction. Hiring a Georgia cycling DUI lawyer is one of the best ways to protect yourself against cycling DUI charges. It can also help reduce the chance that you might face the maximum punishments for impaired cycling.
What Are the Punishments for Cycling Under the Influence in Atlanta?
Impaired cycling is a misdemeanor offense in Georgia. The potential punishments for cycling under the influence in Georgia include:
- Up to 12 months in jail
- A fine of up to $1,000
- Probation, which can include several conditions such as substance assessment and treatment
- Attending DUI school
The circumstances of your case determine whether the judge sentences you to the maximum penalties.
Even though bicycling under the influence is a misdemeanor, the potential consequences for a conviction extend past the fines and jail time. A conviction results in a criminal record, which could impact future jobs and careers. A criminal record can impact other areas, including education and housing.
Defending yourself against charges of impaired cycling instead of automatically accepting a plea deal can help reduce the overall consequences of a cycling DUI conviction.
How Can I Defend Myself if I’m Facing Cycling DUI Charges in Atlanta?
Being arrested for DUI and charged with a crime doesn’t take away your legal rights. Your right to talk to a criminal defense lawyer and your right to remain silent are two of the most important rights you need to exercise when facing a charge of cycling under the influence.
Don’t talk to the police or answer questions except to provide your name and address. Ask to call your attorney as soon as possible.
A Georgia DUI lawyer with Yeargan & Kert analyzes the case to identify weaknesses in the prosecution’s case against you. The state has the burden of proving that you were under the influence while riding your bicycle. It is our goal to poke holes in that defense until the case against you is as weak as possible.
Potential defense strategies for cycling under the influence charge include:
- The police officer didn’t have a valid reason to stop you.
- The evidence obtained during the stop and after the arrest is not admissible in court for one or more reasons.
- The results of a breath test or blood test are not accurate or reliable.
- The officer wasn’t certified to administer standardized field sobriety tests (SFST), or the field sobriety tests were administered incorrectly.
- There is a valid explanation for the failed sobriety tests or your conduct that doesn’t relate to drug or alcohol use. For instance, you have a medical condition that produces a false positive on a breathalyzer test, or you were swerving to avoid potholes or road hazards.
- The state’s DUI laws did not apply in your case because of an exception or specific factor.
- A violation of your Constitutional rights.
The potential defenses to a cycling DUI charge depend on the facts of your case. Our legal team at Yeargan & Kert takes numerous steps to investigate your DUI case.
Without an attorney, you may have fewer options for your defense. You might also overlook evidence and other information that could result in a dismissal of cycling DUI charges or a reduction in your sentence.
Why It’s Important to Hire an Atlanta Cycling DUI Defense Lawyer
You are facing criminal charges. Drunk bicycling may not sound like a serious crime. However, the consequences of a cycling DUI conviction include a criminal record, especially if you caused personal injury.
Criminal records can hurt your future. Hiring an Atlanta cycling DUI defense lawyer helps protect your future.
Ways that an Atlanta DUI criminal defense lawyer can help you include:
- Advise you of your legal rights and what you need to do to protect yourself.
- Keep you from making mistakes or errors that make your case worse.
- Interviewing police officers to gain more information about the stop and arrest.
- Interviewing eyewitnesses.
- Searching for videos of the traffic stop and arrest, including requesting police dashcam footage and footage from traffic cameras.
- Research applicable codes and case law.
- Understands the local courts and how local prosecutors and judges treat cycling DUI cases.
- Monitor deadlines in your case.
- Handle all court filings, including various motions and appeals.
- Negotiate with prosecutors for the best outcome possible, given the facts in your case.
- Develop a strong, aggressive defense strategy.
- Provide trusted, skilled, experienced legal counsel and support throughout your case.
An experienced DUI lawyer in Atlanta understands the courts, DUI laws, and evidence rules. The prosecutor is not going to tell you if he has a weak case. His job is to obtain a conviction.
If for no other reason, you need a lawyer to ensure that you are treated fairly. Without an attorney, you could be found guilty of a crime you did not commit or receive harsher punishments than you deserve for impaired cycling. Don’t underestimate how valuable an attorney can be when you are facing a DUI offense.
Still Unsure if You Need an Attorney to Help with a Cycling Under the Influence Charge?
In the days and weeks following a DUI charge for impaired cycling, you might be on the fence about whether you need an Atlanta DUI criminal defense attorney to help. You might even search for “best DUI attorney near me” a few times, but not to contact a law firm.
DUI Jim and the team of DUI defense attorneys at Yeargan & Kert understand your situation. We understand that you may be confused and anxious. We also understand that you may be worried about the cost of talking to an attorney.
We offer a free consultation so that you can get the facts about cycling under the influence charge. It is our goal to help individuals just like you.
Call the Atlanta Cycling DUI Attorneys at Yeargan & Kert Today
Don’t let an impaired cycling charge ruin your future. Our law firm assists clients in Atlanta, Sandy Springs, Alpharetta, and throughout Fulton County. Call now to discuss your legal rights and options with an experienced Georgia Cycling DUI defense lawyer.