Can I Get a DWI of Biking While Intoxicated in New York?

Beyond Drunk Driving: Legal Implications for Non-Motorized Vehicle Operators

Since drunk driving can lead to an accident and/or arrest, many people believe riding their bicycles instead is enough to avoid facing criminal charges or hurting someone else. However, that is not entirely true.First, you cannot get charged for a DWI in New York for cycling while intoxicated. The law specifically applies to only “motor” vehicles, such as cars, trucks, boats, trains, and airplanes. Unless you install a motor in your bicycle, if you are riding a bike, skateboard, or any other non-motorized vehicle under the influence, you don’t have to worry about getting pulled over. But just because you cannot get arrested for a DWI doesn’t mean you are completely free of criminal liability.

There are two criminal charges drunk bikers may likely face: public intoxication and reckless endangerment. Although it is not a crime to be drunk in public in New York, you can be charged with public intoxication due to drugs if you pose a danger to yourself, others, or property, or if you annoy others. A conviction for public intoxication is punishable by a maximum 15-day jail term and a fine no more than $250.Reckless endangerment means acting in a manner that creates a significant risk of injury or death with a “depraved indifference to human life.”

Unlike most criminal offenses where the court must prove intent, a conviction for reckless endangerment requires a substantial degree of recklessness in a defendant’s actions – even though the act was not intentional. First-degree reckless endangerment means recklessly performing an act that creates a grave risk of death to someone else. This type of reckless endangerment is a Class D felony offense, which carries a maximum prison sentence of seven years. Second-degree reckless endangerment means recklessly doing something that creates a significant risk of serious physical injury to another individual. This offense is a Class A misdemeanor, punishable by a jail sentence of up to one year.

If you are facing criminal charges for biking while intoxicated in Albany, contact O’Brien & Eggleston PLLC and get 25 years of combined experience on your side today. Schedule a free consultation!

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Can I Get a DWI of Biking While Intoxicated in NY?

By O'Brien & Eggleston PLLC

Beyond Drunk Driving: Legal Implications for Non-Motorized Vehicle Operators

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"Adam Eggleston has made my situation as stress-free as possible."

"The team fought for me!"

"Adam took my case and immediately alleviated the fears associated with my case."

"They leave no stone unturned and they have a good rapport with the judges and individuals involved."

"Adam took my case and immediately alleviated the fears associated with my case."

"Thank you for listening and helping me through some pretty rough times."

"I felt like I gained not only a great lawyer but a friend. Amazing!!!!"

"Drafted a concise strategy to win the outcome that I was hoping for."

"He approaches each case with unmatched devotion that you will not regret."

"Kevin was a positive influence throughout a very difficult time in my life."

"Adam’s the best of the best and I recommend him 100%!"

"He did not give up, or accept any reduced charges"

"Mr. Eggleston is a pleasure to speak with and provides results quickly and efficiently."

"Kevin was great from start to finish!"

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