Can You Get an OVI While Riding a Bike, Motorcycle, or Even a Scooter?
Operating a vehicle under the influence of alcohol or drugs in Ohio is a serious offense. The state has laws that criminalize operating a motor vehicle while impaired, with penalties that can include fines, license suspensions, and even jail time.
However, when it comes to non-motorized or less traditionally “vehicle-like” modes of transportation, questions arise about whether or not someone can face similar charges. Specifically, individuals may wonder whether it’s possible to get an Operating a Vehicle Impaired (OVI) charge while riding a bicycle, motorcycle, or scooter.
The answer is yes—it is possible.
At K. Robert Toy Law Office, we represent clients across Ohio. We can help you understand how state laws apply to these different modes of transportation and how our criminal defense attorney might help if you’re facing charges. Call today if you're ready to discuss your case.
What Is an OVI?
In Ohio, the term "OVI" refers to Operating a Vehicle Impaired, which is similar to what other states might call Driving Under the Influence (DUI). Ohio law prohibits anyone from operating a motor vehicle while impaired by alcohol or drugs, or if their blood alcohol concentration (BAC) is over the legal limit of 0.08%.
If someone is caught driving a vehicle in a way that poses a danger to others while under the influence, they could be arrested and charged with an OVI. Most people associate OVI charges with cars, trucks, and other motor vehicles.
However, the question often comes up when people are using alternative modes of transportation such as bicycles, motorcycles, or electric scooters. The nature of these vehicles can sometimes make it unclear whether OVI laws apply.
Can You Get an OVI on a Bicycle in Ohio?
Bicycles aren’t motorized vehicles, so it may seem logical that they wouldn’t fall under Ohio’s OVI laws. After all, a bicycle requires physical effort to operate, and it’s not powered by an engine like a car or motorcycle. However, the Ohio Revised Code (ORC) doesn’t exempt non-motorized vehicles from OVI laws.
Ohio law defines "vehicle" broadly, which can include bicycles. According to Ohio law, it’s illegal to operate any vehicle under the influence of alcohol or drugs, regardless of whether it’s motorized. While it’s uncommon for someone to get an OVI for riding a bicycle while impaired, it’s still possible.
Law enforcement may stop and arrest someone on a bicycle if they observe signs of impairment, such as swerving, not being able to stay on the correct side of the road, or behaving erratically.
Can You Get an OVI on a Motorcycle in Ohio?
Motorcycles are definitely considered motor vehicles under Ohio law. This means that if you operate a motorcycle while impaired by alcohol or drugs, you can be arrested and charged with an OVI. This applies whether you’re on a traditional motorcycle or a more modern electric motorcycle.
The laws regarding OVI for motorcycles are similar to those for cars. The state requires all motorcyclists to follow the same rules when it comes to operating under the influence. A person’s BAC level can be tested, and if it exceeds the legal limit, they can be arrested and charged.
If you’ve been pulled over while riding a motorcycle under the influence, you’ll likely face the same penalties as someone who was driving a car while impaired. These penalties might include fines, jail time, or mandatory alcohol education programs. A defense attorney can help you challenge the charges or reduce the severity of the penalties in your case.
Can You Get an OVI on an Electric Scooter in Ohio?
The rise in popularity of electric scooters, especially in urban areas, has raised questions about whether these vehicles are subject to OVI laws. Electric scooters are usually seen as an alternative to bicycles or motorcycles, and because they’re often used for short trips, they may seem less likely to fall under OVI laws.
Ohio law doesn’t specifically mention electric scooters in relation to OVI charges. However, because electric scooters are motorized vehicles, it’s likely that riding one under the influence of alcohol or drugs would result in an OVI charge.
Similar to motorcycles, these scooters require some form of motorized operation, and they can travel at speeds that might make them dangerous to operate while impaired.
If you’re caught riding an electric scooter under the influence, law enforcement may stop you if they believe you’re operating the vehicle in an unsafe manner. You could face penalties similar to those for OVI charges involving a motorcycle or car. A defense attorney can help you evaluate the evidence and determine the best approach to your case if you face such charges.
Penalties for OVI on Bicycles, Motorcycles, and Scooters
In Ohio, the penalties for OVI can vary depending on the specific circumstances of the offense, such as the individual’s BAC, prior offenses, and whether anyone was injured. However, when it comes to non-motorized vehicles, the legal consequences are typically less severe.
That said, you could still face significant penalties if charged with an OVI for riding a bike or scooter while impaired. These penalties might include:
Fines
Suspension of your driver's license (even though you may not be driving a car)
Mandatory alcohol or drug treatment programs
Possible jail time
For motorcycles and electric scooters, penalties for OVI are similar to those faced when operating a car. A person arrested for OVI on these motorized vehicles could face:
Large fines
A driver's license suspension
Mandatory alcohol treatment programs
Jail time in more serious cases
Possible increased penalties for repeat offenders
When Should You Contact a Defense Attorney?
If you’re charged with OVI while riding a bicycle, motorcycle, or scooter, it’s important to contact a defense attorney as soon as possible. A defense attorney will review the circumstances of your case and help you develop the best strategy for defending yourself.
It’s especially important to have a defense attorney if you face an OVI charge on a motorcycle or scooter, as the penalties can be severe and have a significant impact on your future.
Some strategies a defense attorney might use to help reduce or dismiss charges include challenging the evidence of impairment, questioning the validity of the BAC test, or arguing that you weren’t operating the vehicle at the time of the alleged offense.
A defense attorney will be able to review all aspects of your case, including any possible issues with how the law enforcement officer conducted the stop, and can provide representation during hearings or trials.
Important Considerations to Keep in Mind
While you can indeed be charged with OVI on a bicycle, motorcycle, or scooter in Ohio, there are a few things to keep in mind. First, the likelihood of being charged with OVI on a non-motorized vehicle like a bike is lower than with a motorized vehicle. Law enforcement is more likely to focus on cars and motorcycles when it comes to OVI arrests.
Still, if you’re showing signs of impairment, it’s always possible that an officer will stop you. Second, while the penalties for OVI on a bicycle or scooter might not be as severe as those for a motorized vehicle, you could still face fines, a license suspension, or mandatory treatment programs.
Additionally, the consequences can become more serious if you have prior offenses or if your impaired operation resulted in an accident. Finally, don’t assume that because you're not driving a car or truck, you’re automatically immune from OVI laws.
If you're operating any motorized vehicle or are visibly impaired while riding a non-motorized vehicle, you could still face serious charges. A skilled defense attorney can make all the difference in protecting your rights and minimizing the legal consequences of an OVI charge.
Contact Our Firm for Legal Counsel
If you’ve been arrested for OVI while riding a bike, motorcycle, or scooter, seeking legal advice from a defense attorney can significantly affect the outcome of your case. Don’t hesitate to consult with our experienced lawyers to better protect your future.
We serve clients throughout Ohio, including Athens, Vinton, Jackson, Morgan, Washington, Meigs, Hocking, Fairfield, Perry, and Gallia. Reach out to us at K. Robert Toy Law Office today to schedule a consultation.
