The Rules on Drinking and Biking in New Jersey

bikeBeing arrested for a DWI can be extremely daunting. If you have been charged with a DWI, it is vital to reach out to a skilled New Jersey DWI attorney who can help. With years of experience, we understand how to navigate these complex claims and protect your rights throughout the entire legal process. We know how stressful these matters can be until they are completely resolved, but you can rest assured we will handle your case efficiently and diligently.

The type of vehicle a person is operating under the influence of alcohol or drugs can have different consequences under the law. In a number of states across the country, a person riding a bicycle while intoxicated can face the same DWI charges as people driving a regular motor vehicle or commercial drivers would face. New Jersey, however, does not treat drinking and biking as a DWI offense.

Title 39 of the Motor Vehicle & Traffic Regulation laws in New Jersey governs bicycling on public roads. A bicycle is defined as a two-wheeled vehicle but is not considered a motor vehicle under the New Jersey DWI statute. The DWI statute only applies to drivers who operate a motor vehicle while intoxicated, including cars, motorcycles, boats, airplanes, dirt bikes, and ATVs. You will not be charged with a DWI if you are riding a different type of non-motorized vehicle, such as a skateboard or rollerblades. As a result, someone who is riding a bike under the influence of alcohol or drugs will not be charged with a DWI violation in New Jersey, although they may face other charges, such as public intoxication or disorderly conduct.

In New Jersey, the basic offense of a DWI consists of driving with a Blood Alcohol Concentration (BAC) of 0.08 percent or higher. It is important to note that a DWI charge is not just limited to alcohol. Any drugs – prescription, over-the-counter, or illegal – that impair a person’s ability to drive safely can form the basis of a DWI. Essentially, New Jersey DWI laws are designed to keep anyone who is not fully alert and capable of driving off the roads.

Just because you have been charged with a DWI does not mean you are guilty. In fact, the burden of proof in all DWI cases is on the state. This means that the state has to establish the elements of a DWI “beyond a reasonable doubt.” In New Jersey, however, the law allows a BAC of 0.08 percent to be enough to meet the “beyond a reasonable doubt standard.” Therefore, your defense in a case in which your BAC was that high might focus on the reliability of the test and reading. In short, you would question the validity of the Breathalyzer test. This is just one example of a defense that may be applicable; we can examine your case to determine any and all defenses that may apply.

If you or someone close to you has been charged with a DWI in New Jersey, whether it is a first or subsequent offense, it is imperative to act quickly. These charges can adversely affect almost every aspect of your life. Our skilled New Jersey drunk driving attorneys understand this area of law and can help you understand your rights. We are committed to building the strongest case possible for you. For a complimentary consultation, feel free to call us at 877-450-8301 or reach out to us online.

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