The State of Nebraska cannot charge you with DUI for riding a bike while intoxicated because DUI does not apply to bicycles.
The Nebraska DUI statute applies only to motor vehicles.
The statute states that it is unlawful for any person to operate or be in actual physical control of any motor vehicle while under the influence of any alcoholic liquor or drug.
Nebraska defines a motor vehicle as any vehicle propelled by any power other than muscular power. The statute defining a motor vehicle specifically excludes bicycles.
Although riding a bicycle while intoxicated cannot result in a DUI charge, police officers could take you into protective custody.
A Nebraska criminal defense attorney can help you understand what might happen when you ride a bicycle while intoxicated.
What Consequences Could I Face?
The consequences of riding a bicycle while intoxicated in Nebraska are less severe than the penalties for a DUI charge.
Protective Custody
In Nebraska, police could take you into protective custody for riding your bike while intoxicated. A police officer may take you into protective custody based on whether he or she thinks that you are a danger to yourself or others or that you are incapacitated.
Police do not arrest you when they take you into protective custody. The officer will make a reasonable effort to take you to your home, a hospital, or a treatment center. If the officer is unable to do so, he or she will keep you in civil custody for no more than 24 hours.
Civil Lawsuit
Additionally, intoxicated cyclists are more likely to hurt another cyclist or pedestrian, damage property, or endanger cars. As a result, you could be liable for monetary damages in a civil lawsuit for injuring a person or damaging property.
What Should I Do If Police Took Me into Protective Custody for Riding a Bicycle While Intoxicated?
Whether police take you home, to a medical facility, or into civil custody for riding a bicycle in Nebraska while intoxicated, you should cooperate.
If taken into protective custody, you are not being arrested or charged with a crime.
However, if you believe police wrongly took you into protective custody, you should talk to a lawyer about the situation. A lawyer could assess whether you might have a lawsuit against the police.
Additionally, if you think someone might sue you for injuring them or damaging their property, you should contact a lawyer. A lawyer can talk to you about your potential case and whether he or she could represent you.
Tom Petersen at Petersen Criminal Law is a veteran in the criminal defense system. He will use his knowledge of criminal law and passion for justice to help you as much as possible.
Contact Tom today to schedule your free consultation.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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