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Save your Georgia Driver's License.
Atlanta Bicycle DUI Lawyer
Let Our Firm Defend You Today
At Weintraub & Alper Legal, we understand that facing a bicycle DUI charge in Georgia can be a confusing and stressful experience. Many people assume that DUI laws only apply to motor vehicles, but in Atlanta, cyclists can also face legal consequences for riding under the influence. If you or a loved one has been charged with a bicycle DUI, you need an experienced Atlanta bicycle DUI attorney to protect your rights and fight for the best possible outcome in your case.
Contact us today at (404) 907-1536 to request a case evaluation and discuss your case.
Can You Be Charged with Cycling Under the Influence in Georgia?
Yes, you can be charged with a DUI while riding a bicycle in Georgia. Under O.C.G.A. § 40-6-391, it is illegal to operate a vehicle while under the influence of alcohol, drugs, or other intoxicants. Although bicycles are not considered motor vehicles under Georgia law, they are still subject to many of the same traffic laws that apply to cars and motorcycles.
In Georgia, law enforcement officers have the discretion to stop cyclists who appear to be impaired and conduct field sobriety tests or breathalyzer tests. If you are found to have a blood alcohol concentration (BAC) of 0.08% or higher, or if an officer believes that you are too impaired to safely operate your bicycle, you can be arrested and charged with a DUI.
Penalties for a Bicycle DUI
The penalties for cycling under the influence in Georgia can be severe and may include:
- Fines: You may be required to pay up to $1,000.
- Jail Time: A bicycle DUI conviction can result in a maximum jail term of 12 months.
- Probation: You may be sentenced to probation, requiring you to meet regularly with a probation officer and comply with court-ordered conditions.
- Community Service: The court may require you to complete a set number of hours of community service.
- DUI Education Programs: You may need to attend DUI risk reduction programs or substance abuse counseling.
- Impact on Future DUI Charges: A conviction for a bicycle DUI could potentially be used against you if you are later charged with a DUI while operating a motor vehicle.
Keep in mind, cycling under the influence will not result in driver's license suspension.
Defenses to Bicycle DUI Cases
If you have been charged with a bicycle DUI, there are several potential defenses that may be available to you, including:
- Improper Traffic Stop: If the arresting officer did not have reasonable suspicion to stop you, any evidence obtained during the stop could be inadmissible in court.
- Faulty Sobriety Testing: Field sobriety tests and breathalyzer tests are not always reliable. Your attorney can challenge the accuracy of the results.
- Lack of Probable Cause: If the officer did not have probable cause to believe you were intoxicated, your charges may be dismissed.
- No Risk to Public Safety: In some cases, it may be possible to argue that your actions did not pose a significant danger to others on the road.
- Violation of Your Rights: If your constitutional rights were violated during the arrest process, your attorney may be able to get your charges reduced or dismissed.
Why You Need an Experienced Team On Your Side
A bicycle DUI charge may not seem as serious as a traditional DUI, but it can still result in criminal penalties, fines, and a permanent mark on your record. That’s why it’s essential to have an experienced Atlanta bicycle DUI attorney on your side.
At Weintraub & Alper Legal, we have years of experience handling DUI cases, including those involving bicycles. We understand the nuances of Georgia DUI law and know how to challenge the prosecution’s evidence. Our goal is to minimize the impact of your charges and help you move forward with your life.
When you choose our firm, you can expect:
- Personalized Legal Representation: We take the time to understand your unique situation and develop a defense strategy tailored to your needs.
- Aggressive Defense: We fight tirelessly to protect your rights and achieve the best possible outcome for your case.
- Experienced Negotiation: We work to negotiate reduced charges or alternative sentencing options whenever possible.
- Dedicated Support: We keep you informed throughout the legal process and provide the guidance you need every step of the way.
To speak with our firm, call (404) 907-1536 or contact us online today.
We Have the Desire to Fight
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Howard J. Weintraub and Benjamin B. Alper have a 10.0 Superb Rating by Avvo
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Howard J. Weintraub Has Received Commendations From the FBI, IRS, & U.S. Attorney General
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Our Firm Has Over 55 Years of Combined Legal Experience
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Howard J. Weintraub is an Experienced Former Federal Prosecutor
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