4 Kinds of DUI Cases You Probably Don’t Know - DUI Attorney Ross Goodman

DUI (Driving Under the Influence) is divided into four types. Let’s discuss them one by one.

1. Drunk Biking

1. Some states consider bicycles as “vehicles”. This means that DUI laws will also apply for drunk biking. Some people think that riding a bicycle is not that risky. However, a big percentage of cyclists who get injured or who die because of drunk biking is increasing every year. (Source: Reuters)

   Sample case: One good example is the case of an e-bike rider in Kenilworth Access. The man was charged with drunk biking when the police saw him approaching with removed bike pedals and is nearly tipped over his bike. He was stopped by the police in the Hamilton police ride check.  (See the detailed incident here)

   Circumstances considered in Drunk Biking

   • You were caught riding a bicycle
   • You were riding a bicycle on a highway
   • You were under the influnce of alcohol and/or drugs while biking

   Here are other types of motorized transportation qualified to the DUI Law:

   • All terrain vehicles (ATV)
   • Pocket bikes (mini bikes)
   • Golf carts
   • Go-carts

   Penalties

   Here are the punishments for those who were caught drunk biking,:

   • Fine not more than $250
   • Suspension of driving privileges for a year
   • Delay you from receiving your license for a year

   2. Commercial DUI

   Commercial truck drivers, bus drivers and other professional drivers with a commercial driver’s license are covered by the DUI Law.  The stakes are higher for drunk commercial drivers compared to normal automobile drivers because they are liable to the public’s safety and their employers.

   Sample case: One example is the incident that happened in Churchtown road last May 29, 2015. A drunk man was driving a 1999 chevrolet pickup truck when all of a sudden he lost control of the vehicle. The vehicle struck a telephone pole and a tree on a front yard. Three passengers inside the truck were injured.  (See article here)

   Circumstances considered in Commercial DUI

   • Driving a commercial vehicle under the influence of alcohol and or drugs
   • Driving a commercial vehicle while in possession of controlled substance
   • Refusing to participate in a BAC test

   Here are some examples of drivers that may be subject to Federal Motor Carrier Safety Administration regulations concerning commercial DUI:

   • Anyone who owns or leases commercial motor vehicles
   • Drivers who are assigned to operate commercial motor vehicles
   • For-hire or private motor carriers
   • Federal, state and local government drivers
   • Civic organization drivers
   • Church drivers

   Penalties

   • The suspension or revocation of commercial driver’s license
   • Temporary or permanent loss of job
   • Higher insurance rates
   • Stiff fines
   • Jail sentence depending on the nature of the violation

   3.Aggravated DUI

   Aggravated DUI is also known as “extreme DUI” or “felony DUI.” It is charged when a person has committed another offense/s aside from DUI/DWI. The punishments for aggravated DUI are much more severe compared to misdemeanor DUI.
   Sample case: In 2014, a woman was charged with aggravated DUI due to using cocaine metabolites and other kinds of drugs while driving. (Source: News Gazette)
   Take note that the punishment for aggravated DUI cases depend on the circumstance and state where the case took place.

   Circumstances considered in Aggravated DUI

   • Extreme high blood alcohol level
   • Driving with minors
   • Multiple drunk driving convictions
   • Driving with a suspended or revoked license
   • Overspeeding

   Penalties

   When caught for aggravated drunk driving, a permanent black mark will be put to a person’s criminal record. He will be subject to:

   • Incarceration
   • Jail sentence (depending on the case)
   • Community service
   • Long probation terms
   • Substantial fines
   • Loss of license
   • Mandatory installation of an ignition interlock device
   • Vehicle confiscation

   4. Misdemeanor DUI

   The punishment for a misdemeanor case is not as heavy as the punishments for Felony DUI. The person will be charged with a DUI misdemeanor if he committed a minor DUI offense for the first, second or third time in a specific period of time. The penalties for misdemeanor DUI are less severe than Felony DUI.
   Sample case: A senator was stopped in 15th street near the state capitol because of driving the wrong way on a one way street. Police officers have seen symptoms and signs of alcohol intoxication resulting to a misdemeanor offense. (See article here)

   Circumstances considered in Commercial DUI

   • Excessively high BAC
   • Transporting a minor while under the influence of alcohol & drugs
   • Previous drunk driving offenses

   Penalties
   The following penalties may apply even for first offense misdemeanor DUI:

   • Short jail sentence
   • Probations
   • Suspension of driver’s license

   The best way to avoid being charged with any type of DUI is to avoid driving when drunk.