DUI & Criminal Division

Yes, You Can Get A DUI On A Bicycle In Florida

February 3, 2025

It catches people off guard all the time: you’re cruising on a bike, not a car, maybe a little buzzed from happy hour—and boom—you’re hit with a DUI charge. But yes, under Florida law, it’s absolutely possible to be arrested for DUI while riding a bicycle. And the penalties? Just as real as if you were behind the wheel of a 2-ton pickup.

DUI Law Applies to More Than Just Cars

The statute that governs DUI in Florida is §316.193, and it’s surprisingly inclusive. It clearly states that “a person is guilty of the offense of driving under the influence… if the person is driving or in actual physical control of a vehicle within this state.” Here’s the twist—“vehicle” isn’t limited to motor vehicles. Under §316.003(108), a vehicle is defined as any device “in, upon, or by which any person or property is or may be transported or drawn upon a highway,” excluding only those moved by human power on foot.

Bicycles fall into that category, and yes, so do golf carts, lawnmowers, e-scooters, and even horse-drawn carriages. If it rolls and you’re operating it while impaired, it counts.

Open Container Laws Apply To Cyclists Too

Florida’s open container laws don’t just target drivers in cars—they apply to anyone operating a vehicle, and that includes bicycles. Under Florida Statute §316.1936, it’s unlawful to possess an open container of alcohol while operating or riding in—or on—any vehicle on a public roadway. That includes popping a beer while pedaling through a park or carrying an open bottle in your backpack while biking home. The statute doesn’t care if it’s a Ford F-150 or a fixie—it’s still a vehicle under Florida law. And yes, this means a cyclist caught with an open container could face fines, citations, or even be arrested if impairment is involved. It’s one of those sneaky laws that catches people off guard, but enforcement is real, and citations do happen.

Real Cases With Non-Traditional Vehicles

  • Golf Cart DUI: It actually happens much more often than you’d think in places like The Villages.
  • Riding Lawnmower DUI: A Polk County man made headlines after deputies pulled him over for mowing his lawn—drunk—on the side of the road. Lawnmower, DUI, cuffs. It’s that simple.
  • Horse DUI: Yes, even a horse. In past cases, Florida deputies have arrested individuals for being drunk while riding a horse on public roads. Courts have sometimes reduced those cases, but the arrest and charges are real.

Florida DUI Penalties – They Don’t Care What You Were Driving

Here’s where it hits hard. Whether you’re biking or in a Benz, the penalties under Florida Statute §316.193 look like this:

First Offense:

  • Up to 6 months in jail
  • Fine between $500 to $1,000
  • License suspension for 6 to 12 months
  • Mandatory DUI school
  • 10-day vehicle impoundment, even if the “vehicle” was a bike or golf cart

Second Offense (within 5 years):

  • Minimum 10 days in jail, up to 9 months
  • Fine between $1,000 and $2,000
  • 5-year license suspension
  • Ignition Interlock Device required (yes, even if the original offense didn’t involve a car)

Third Offense (within 10 years):

  • Third-degree felony
  • Up to 5 years in prison
  • Minimum 30 days in jail
  • Fine up to $5,000

How To Avoid A DUI On A Bike In Florida

Of course, the obvious advice stands: don’t drink too much if you’re planning to pedal home. But it doesn’t stop there. Cops notice cyclists who ride without lights after sunset, blow through stop signs, or swerve like they’re playing pinball with traffic lanes. That kind of sketchy riding screams “stop me!” to every patrol car.

The most common reason police stop cyclists is for not having proper safety lights at night. Once stopped it’s easy for an officer to smell alcohol or accuse you of being impaired. Make sure you have the proper gear and give zero reasons to get pulled over in the first place.

How to Handle a Bicycle DUI – Without Wrecking Your Life

If you’ve been hit with a DUI on a bicycle, you might be panicking. But don’t. There’s a way forward.

The lawyers at The Ticket Clinic have seen it all. With over 5 million traffic cases defended—including thousands of DUIs—they know how to get ahead of these charges. In many cases, they’ve been able to reduce the charge to something non-criminal like reckless conduct or get it dismissed outright by challenging the stop, the sobriety test, or even the officer’s probable cause.

The trick is speed. Acting early gives your attorney the best chance to intervene before the charges lock in. There are creative defenses that work best when you’re proactive—not reactive.

Bottom Line

A DUI on a bicycle might sound ridiculous at first, but it can wreck your record just like any drunk driving charge. If you’re riding anything with wheels on Florida roads while impaired, you’re taking a legal risk—and the state is not lenient about it. The law sees a DUI the same way, no matter what you’re riding.

And if you’ve already been cited or arrested? Get legal help fast. The Ticket Clinic’s team is battle-tested and ready to fight for a better outcome—whether that means a reduced charge, fewer penalties, or a full dismissal.

Because a mistake on two wheels shouldn’t cost you your freedom, your license, or your future.

Rolando A. Sanchez, Esq.

Originally from Miami , grew up in Central Florida.  After high school, he joined the U.S. Air Force where he worked on F-15E fighter jets as an Avionics Technician.  He was Honorably Discharged. Afterwards, he attended University of Central Florida and received a BSBA Finance Degree, cum laude.  Next, he attended Barry University for law school and among other things, served as V.P. of the Veterans Legal Society.  Since graduating in 2016, Mr. Sanchez has dedicated his career to helping those charged with criminal matters.  These cases include traffic, misdemeanors and felonies, including trials and post-conviction relief. Mr. Sanchez is the lead attorney in Ticket Clinic’s Kissimmee office, handling cases in Osceola, Polk, Hardee and Desoto Counties.