CU Boulder police arrested a man this summer for riding his horse under the influence of alcohol. Yes, you read that correctly. Witnesses report that the man was striking his horse repeatedly (he was also charged with Animal Cruelty – C.R.S. 18-9-202), slumped to the side in his saddle, and forcing pedestrians off of the sidewalk. After he failed his roadside test, the man was arrested. While you can’t be charged with a DUI for riding your horse while intoxicated, you will be charged with a traffic infraction.
This may seems like an outlandish law, but according to Colorado law (C.R.S. 42-4-805), “it is unlawful for any person who is under the influence of alcohol or of any controlled substance…to walk or be upon that portion of any highway normally used by moving motor traffic.” This also applies to “riders of animals.” A violation of this law is a class B traffic infraction (not a DUI) – the man could face a small fine. This incident reminds us all of the laws regarding DUI in Weld, Morgan and Logan County involving non-motorized vehicles, such as bikes.
Charged with a DUI for Riding your Bike While Intoxicated in Weld County
It is a common misconception that you have to be driving a car under the influence in order to be charged with a DUI. This is not true, however. You can be convicted of DUI – C.R.S. 42-4-1301 if you operate a non-motorized vehicle under the influence of alcohol.
“It is a misdemeanor for any person who is under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, to drive a motor vehicle or vehicle.”
When discussing DUI laws, it is important that we define “vehicle.” Throughout Colorado’s DUI statute, both “vehicle” and “motor vehicle” are used interchangeably to illustrate that non-motorized vehicles can also be involved in a DUI charge. Colorado statute (C.R.S. 42-1-102 (112) defines a vehicle as:
“A device that is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks.” It includes “a bicycle, electrical assisted bicycle, or EPAMD,” such as a Segway or type of motorized wheelchair.
This means that you can be charged with DUI if you ride your bike while intoxicated. Bicyclists are held to the same blood level test as motorized vehicle drivers. So, if you think hopping on your bike (you’ll be charged with a DUI), or saddling up your horse (you’ll be charged with a traffic infraction) after hitting the bar is better than grabbing your car keys – think again.
If you or a loved one has been arrested by Greeley police for DUI, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-616-6009, or submit the “Get Help Now” form. Together, we can protect your future.
Image Credit: Pixabay – Alexas_Fotos