Cycling through Nevada’s bustling streets may seem like a safer alternative after a night out compared to driving a car. However, what many don’t know is that cycling under the influence can lead to serious legal consequences. At ATAC LAW, we delve into the complexities of Nevada’s laws regarding biking while intoxicated and explain what it could mean for you.
If you’re caught operating a bike while intoxicated in Nevada, you aren’t typically charged with a DUI, as Nevada DUI laws apply to motor vehicles only. However, this does not mean it’s legal to ride a bicycle drunk or drugged. In such cases, the charge usually brought against cyclists is reckless endangerment (NRS 202.595), particularly if your cycling behavior poses a danger to others or property.
Could You Face Legal Trouble for Riding a Bicycle While Intoxicated in Nevada?
Cruising on a bicycle after consuming alcohol or drugs may seem like a minor misstep, but it’s anything but trivial under Nevada law. Although you won’t face a Driving Under the Influence (DUI) charge as Nevada’s DUI statutes are specific to motorized vehicles, the misconception that you’re in the clear while pedaling under the influence could lead to unexpected repercussions. Rethinking that ride home from the bar could save you from harsh legal outcomes.
If you’re weaving through traffic or posing a risk to pedestrians while cycling in an impaired state, you might be prosecuted for reckless endangerment. This offense entails undertaking any intentional activity, or failing to perform a lawful duty, with a blatant disregard for the wellbeing of others or their property. Cycling under the influence (often abbreviated as CUI) becomes a prime example of this offense due to the potential hazards it creates.
Imagine someone named Charlie cycling back home after a night out, having indulged in substances. An officer notices Charlie’s erratic swerving and decides to intervene to prevent a potential mishap. Despite there being no collision or damage, Charlie’s hazardous riding alone suffices for a charge due to the danger it presents to public safety.
This condition of reckoning with public safety applies even to those who assume they are making a safer choice by not driving a motor vehicle. Behavior such as speeding excessively, not signaling when changing lanes, disregarding traffic signals, and not maintaining a safe distance from pedestrians and other vehicles could land a cyclist in legal hot waters, regardless of their subjective intentions.
Can You Be Arrested for CUI Without a BAC Test?
It’s key to note that for cyclists suspected of being under the influence, law enforcement officers do not rely on Blood Alcohol Content (BAC) tests, as they typically would in DUI cases. Instead, the focus lies on the visible actions that imply irresponsible cycling behaviors indicative of impairment.
What Legal Consequences Do You Face for Cycling While Intoxicated in Nevada?
In the state of Nevada, cycling in an impaired state can have significant legal repercussions. This act isn’t considered a DUI offense, but it falls under the umbrella of reckless endangerment when your conduct endangers the safety of others or property. Legally, the outcomes can be quite grave for those who take to two wheels after imbibing.
For those charged with reckless endangerment due to drunk cycling and no serious harm resulted, the legal system may impose the following:
- Possible incarceration for up to 364 days
- Fines reaching $2,000, or the alternative of community service based on the judge’s discretion.
However, instances where such cycling behavior leads to someone’s severe injury or death, the stakes escalate dramatically. The crime then upgrades to a category C felony, with penalties that include:
- One to five years behind bars in Nevada State Prison.
- Fines that can surmount to $10,000 at the judge’s discretion.
One crucial difference between cycling while intoxicated and motor vehicle DUIs is that the former does not trigger driver’s license suspensions, and there is no distinction in sentencing between first-time and repeat offenses.
The Threat of Civil Litigation for Drunk Cycling
The legal woes don’t stop with criminal charges. Victims of incidents involving intoxicated bicyclists may seek compensation through civil lawsuits covering medical expenses, loss of earnings, emotional distress, or repercussions from a wrongful death scenario.
Traffic Infractions Associated with Impaired Bicycling
Beyond reckless endangerment, inebriated cyclists can be cited for various highway code violations, such as making turns without proper hand signals as established by NRS 484B.768, riding too far from the right-hand side of the road contrary to NRS 484B.777, or not having functioning bicycle lights, reflectors, and brakes as per NRS 484B.783. These misdemeanors can result in:
- Up to a 6-month jail term and/or
- Potential fines up to $1,000.
Can Reckless Endangerment Charges from Cycling Under the Influence Be Dismissed in Nevada?
Successfully challenging reckless endangerment charges in Nevada, especially in instances involving cycling under the influence (CUI), typically revolves around the precise circumstances of the case. One effective defense approach is to demonstrate that the defendant did not engage in a behavior that demonstrated a “willful and wanton disregard for the safety of persons or property.”
Scenario: Jane cycles to a local pub where she orders a single beer. Upon leaving, a police officer observes her exiting the pub and initiating her bike ride home. Mistakenly presuming intoxication, the officer detains Jane and processes her at the local detention center for reckless endangerment.
In this scenario, Jane’s actions were harmless, and she displayed no dangerous behaviors that could be considered a threat to public safety. The assumption made by the officer that Jane would potentially cause trouble while biking was unfounded, especially considering she consumed only one beer and was in full control of her bicycle. If Jane’s attorney from ATAC LAW can persuade the District Attorney that her actions were not careless or threatening to public or private safety, there’s a strong case for dismissing the charges.
Typical evidence in these cases might include CCTV footage from the premises, statements from eyewitnesses, data from GPS tracking, and possibly expert testimony if a traffic incident was involved. These pieces of evidence can provide critical insights into the exact behavior and state of the defendant at the relevant times.
When Is It Possible to Seal a Reckless Endangerment Record in Nevada?
In Nevada, you can petition to seal a gross misdemeanor record for reckless endangerment two years after the case concludes. For a category C felony reckless endangerment conviction, the record can be sealed five years following the case’s closure. If the reckless endangerment charge is dismissed, there is no waiting period to request a record seal.
If you’re faced with charges stemming from cycling while impaired, expert legal guidance is crucial. ATAC LAW specializes in navigating these legal complexities and helping clients grasp the seriousness of such offenses.
Before you choose to ride after a festive outing, consider the legal implications that could follow. ATAC LAW stands ready to assist with counsel and representation to those facing the unforeseen consequences of intoxicated cycling. Contact our knowledgeable team for insights or representation tailored to your unique situation, and safeguard your rights with a firm that comprehends the local legal landscape.
For further legal assistance and to discuss your case with an expert, don’t hesitate to contact ATAC LAW.