Where you ride your bicycle will determine whether or not you can be charged with an Ohio DUI.
Ohio’s drunk driving statute (O.R.C. 4511.19) prohibits operating a vehicle under the influence “anywhere in the state.” This makes the DUI statute unique because offenses such as driving under suspension (O.R.C. 4507.02) and driving without a license (O.R.C. 4510.12) require the offense to occur on a public highway or on areas open to the public. In State v. Carr, 1999 WL 1314672 (Ohio Ct. App. 11th Dist. Lake County 1999), a person was convicted of drunk driving in his own back yard. But a statutory exception exists for bicycles.
O.R.C. 4511.52 limits the applicability of the drunk driving statute to operation “upon a highway or upon any path set aside for the exclusive use of bicycles. The private property exemption for bicycles was upheld in State v. Wahl, 2003-Ohio-849 wherein a DUI conviction was vacated because the court found that a grassy area between a parking lot and a sidewalk was not a highway, nor was it set aside for the exclusive use of bicycles.
Dayton/Springfield DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver. He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense. Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263). For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671. For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500. Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook, www.facebook.com/daytondui. You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.
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