Charged with DUI While Biking in Union County, NJ? Understanding the Law & Your Options

Can I be Charged with DUI While Biking in Union County, NJ?

Can I be Charged with a DUI While Biking in Union County, NJ?

Can I be Charged with a DUI While Biking in Union County, NJ?

DUI on a Bicycle: What You Need to Know in New Jersey

While New Jersey is known for its bike-friendly environment, it’s crucial to remember that operating any vehicle under the influence of alcohol or drugs can have legal repercussions. If you’re facing charges related to biking while intoxicated in Union County, NJ, it’s important to understand the legal landscape and how an experienced attorney can help protect your rights.

When facing a DUI charge while riding a bicycle in Union County, NJ, retaining Brett M. Rosen, Esq. is essential for a strong defense. As a top-rated criminal defense attorney, Brett M. Rosen has extensive experience and a proven track record in handling DUI cases. Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction held by less than 1% of attorneys in the state, Rosen’s expertise is unparalleled. His deep understanding of New Jersey’s DUI laws, combined with his dedication to achieving favorable outcomes for his clients, makes him the ideal advocate for your case. With numerous accolades and a reputation for success, Brett M. Rosen is the attorney you need to navigate the complexities of a DUI charge effectively.

Can You Get a DUI on a Bike in New Jersey?

The Short Answer: No, Not Technically

New Jersey’s DUI statute specifically applies to the operation of a “motor vehicle,” which is defined as a vehicle propelled by other than muscular power. Bicycles, being primarily human-powered, do not fall under this definition. However, there is case law that states the following: 

  • State v. Tehan, 190 N.J. Super. 348 (1982): This case established that operating a bicycle while intoxicated on public roads is illegal and can be prosecuted under the state’s DUI law. It emphasized the potential danger posed by intoxicated cyclists to themselves and others. However, a bicyclist cannot lose their driving privileges since there is no requirement for a license to ride a bicycle in New Jersey. 

However, That Doesn’t Mean You’re Off the Hook

Even though you can’t be charged with a traditional DUI for biking under the influence, you can still face other charges and consequences:

  • Traffic Violations: Bicyclists are considered vehicle operators on roadways and must obey all traffic laws. If you’re intoxicated and violate traffic laws, you can be ticketed for those infractions.
  • Disorderly Persons Offenses: You may be charged with offenses like:
    • Disorderly Conduct: N.J.S.A. 2C:33-2 – creating a hazardous or physically dangerous condition
    • Other offenses depending on your specific actions (e.g., resisting arrest if you refuse to comply with police)

Potential Consequences

While not as severe as a DUI conviction, these charges still carry penalties:

  • Fines: Up to $1,000 for disorderly persons offenses.
  • Jail Time: Up to 6 months for certain offenses, though this is less common for first-time offenders.
  • Other Impacts:
    • If involved in an accident causing injury, potential civil liability
    • Damage to your reputation
    • Potential impact on employment or housing, especially if the incident reflects poorly on your judgment.

Potential Defenses in Union County, NJ

Depending on the specific charges, your attorney may explore defenses such as:

  • Lack of Intoxication: Challenging the evidence of your impairment (e.g., field sobriety tests on a bike may not be reliable).
  • Necessity: If you were biking under the influence due to an emergency situation.
  • False Accusations or Mistaken Identity
  • Unlawful Stop or Detention: If the police didn’t have a valid reason to stop you in the first place.

FAQs About Biking Under the Influence in Union County, NJ

  1. Can I lose my driver’s license for biking while intoxicated?
  • Technically, no. NJ’s DUI law is tied to motor vehicles. However, a conviction for another offense could indirectly lead to license issues in some cases.
  1. What if I caused an accident while biking under the influence?
  • You can face additional charges and be held civilly liable for any injuries or damages you cause. This underscores the importance of seeking legal counsel.
  1. Is it illegal to have an open container of alcohol while biking in NJ?
  • Yes, it’s illegal to have an open container of alcohol in a motor vehicle OR on a bicycle.
  1. What should I do if I’m stopped by the police while biking and they suspect I’m intoxicated?
  • Be polite but exercise your right to remain silent. Don’t admit to drinking or taking drugs. Ask for an attorney.
  1. Are there any diversion programs available for biking under the influence charges?
  • It depends on the specific charge and your prior record. An attorney can advise you on your eligibility for programs like conditional discharge or PTI.

Why You Still Need an Attorney

Even if it’s not a “DUI,” facing charges related to biking under the influence requires legal guidance. An attorney can:

  • Assess the Specific Charges: Ensure you understand what you’re facing and the potential consequences.
  • Investigate the Circumstances: Examine police conduct, witness statements, and any evidence to build your defense.
  • Negotiate with the Prosecutor: Seek reduced charges or alternative resolutions like community service.
  • Represent You in Court: Protect your rights and present a strong defense if your case goes to trial.

Why Choose Brett M. Rosen, Esq. in Elizabeth, NJ

DUI While Bicycling in Union County, New Jersey

  • Local Expertise: We understand the specific laws and court procedures in Elizabeth and Union County.
  • Experienced in Traffic & Criminal Defense: We handle a wide range of cases, ensuring your rights are protected no matter the charge.
  • Personalized Attention: We’ll take the time to understand your unique situation and goals.
  • Aggressive Advocacy: We’ll fight for the best possible outcome, whether that’s dismissal, reduced charges, or minimizing penalties.

Don’t Face a DUI While Biking in Union County, NJ Alone! Contact Attorney Rosen

Being charged with any offense related to biking under the influence is serious. Don’t face it alone. Contact Brett M. Rosen, Esq., today for a free consultation. We’ll protect your rights and help you navigate the legal system.

Call Now: 908-312-0368

Disclaimer: This information is for general informational purposes only and does not constitute legal advice. It is crucial to consult with an experienced attorney regarding your specific legal situation.

So, today Brett handle my court hearing and automatically I notice his professionalism in the matter. Everything was taken care off over the phone with me since my ride to JC was 2 hours away. He handle the case so quickly and got my case dismissed. If your looking for a expert definitely Brett is the guy to hired. I will definitely pass my experience to my friends and family!! Thank you Brett!!!
Ciara