North Carolina man riding bicycle arrested on suspicion of DWI
Graham police say they received a call from a person who was worried about a man on a bicycle. An officer reportedly went to the area where the caller says the bicyclist was located. The officer says he watched the bike rider swaying as he rode down North Carolina 54.
The officer says he watched the man as he rode for about a half-mile. The officer believed the 46-year-old man appeared intoxicated, so he pulled the bike rider over. Graham police say the bike rider refused to submit to an alcohol breath test and the man was arrested on suspicion of DWI.
North Carolina law allows for the state to seek full DWI charges for people suspected of riding a bicycle or lawn mower who are allegedly impaired under the DWI laws. The standards remain the same as with traditional motor vehicles. North Carolina presumes impairment if an alcohol test returns a result of .08 blood alcohol content or greater. Additionally, law enforcement can testify as to their observations during an encounter with a person suspected of driving drunk.
In many cases a test refusal can result in the loss of driving privileges in North Carolina. Typically test refusal cases result in an automatic 30-day revocation, with the potential for a driver’s license revocation of one-year after the opportunity for a hearing. As with any allegations of DWI or DWI test refusal, it is important to consult with an experienced DWI defense attorney soon as possible after the incident to protect your rights
Source: The Times News, “Man charged with DWI on a bicycle,” Sept. 8, 2011