Any day on the road, you'll see cars, trucks, commercial vehicles and motorcycles driving around. You may even see bikes on the street or boats in the river. All of these are ways we use to get from place to place, or as a mode of recreation. While we all know that driving a car while intoxicated can lead to a DUI, what are the laws on drinking and other vehicles? In most cases, operating any type of vehicle while under the influence of drugs and alcohol can lead to a DUI arrest. Even if you didn't know that it was against the law to ride a bike while drunk, the police may not give you a break.
Georgia law, under code title 40, considers a vehicle to be any device by which a person or property is transported on the highway, except for those used exclusively on stationary rails. This would include almost anything on the road. The only things that might be excluded are walking on your feet. Railroad cars, boats and planes are all governed by other codes and laws, and also forbid operating under the influence.
Georgia Code includes a number of specific vehicles, including taxis, cabs, buses, limos, ATVs, and motorcycles. It also includes farming and construction equipment, such as tractors, asphalt spreaders, earth-movers, and asphalt spreaders.
Boaters, Cyclists, and School Bus Drivers
There are special laws and regulations that apply to other than just regular drivers when it comes to operating under the influence. This covers school bus drivers, bicyclists, and recreational boaters.
If a school bus driver is convicted of driving a school bus under the influence of alcohol, they may be subject to a fine of up to $5,000, and jail time up to 5 years, with a minimum of one year in jail, even if it was their first offense.
Bicycles are treated like vehicles in Georgia. If a cyclist is stopped by the police, and the officers suspect the driver is under the influence of alcohol or drugs, they may be arrested for a DUI. Fortunately for the cyclist, the DUI penalties do not apply to biking under the influence. This may be in part because bicyclists do not have to carry a driver's license, and there is a perception that a drunk biker is less dangerous to other people than a drunk driver. An intoxicated cyclist may mostly increase the likelihood of injury to themselves.
Boaters must also be aware of the laws against boating under the influence. State officials can check any boat or jet ski for a safety check, and if they suspect the operator is under the influence of alcohol, they can be arrested for boating under the influence, also known as a “BUI.”
Similar to driving, a blood alcohol level of 0.08% or higher is a per se violation. For boaters under 21, the limit is only 0.02% BAC. If you refuse a chemical test of your blood, breath or urine after being arrested for a BUI, you may lose your boating privileges for a year. A conviction will also result in suspended boating privileges, and can require a substance abuse evaluation.
Atlanta Attorney for Any Vehicle DUI
Whatever kind of vehicle you were driving, if you are facing a DUI, you need an Atlanta DUI Attorney to help you through this difficult process. You only have 10 days to act or you will lose your driving privileges. If you were boating under the influence, biking under the influence, or driving a tractor under the influence, give me a call. We can talk about what happened with your arrest, and how best to move forward and win your case.