When you think of a DUI, you probably imagine a car swerving down Georgia 400 after a night out. But here’s the kicker: in Georgia, you can get a DUI on a bicycle, a Bird scooter, or even a horse. At George C. Creal, Jr., P.C., Trial Lawyers, we’ve seen these cases firsthand—and they’re not as rare as you’d think. Georgia’s DUI laws are broader and tougher than most realize, and the consequences can hit just as hard whether you’re on two wheels, an electric scooter, or four hooves. Let’s dive into how this happens, what the law says, and why you need a seasoned DUI attorney if you’re caught in this trap.

Georgia’s DUI Law: What’s in a name? That which we call a vehicle, By any other name can still get you arrested.

Georgia Code §40-6-391(a)(1),(5) states: “A person shall not drive or be in actual physical control of any moving vehicle while under the influence of alcohol to the extent that it is less safe for the person to drive”—or with a blood alcohol concentration (BAC) of 0.08% or higher. Notice that phrase: any moving vehicle. Unlike some state

s that limit DUIs to “motor vehicles,” Georgia doesn’t draw that line. Under OCGA §40-1-1(75), a “vehicle” is defined as “every device in, upon, or by which any person or property is or may be transported or drawn upon a highway,” excluding only devices on rails or tracks. That’s a wide net—and it’s where bikes, scooters, and horses come into play.

But here’s a twist: Georgia courts have to balance this broad definition with the “fair warning” rule, codified at OCGA §16-1-2(2). This stems from McBoyle v. U.S., a 1931 Supreme Court case (283 U.S. 25), where the Court ruled an airplane wasn’t a “motor vehicle” under a federal statute. Even though it technically fit the definition, the law didn’t give “fair warning” that flying a plane counted. In Georgia, this precedent binds us—meaning DUI charges must reasonably align with what the average person expects the law to cover. So, how do bikes, scooters, and horses fit in? Let’s break it down.

DUI on a Bicycle: Pedaling Into Police Custody

Think biking home from a bar is a safe bet? Not in Georgia. OCGA §40-1-1(6) defines a “bicycle” as “every device propelled by human power upon which any person may ride, having only two wheels which are in tandem and either of which is more than 13 inches in diameter.” That’s your standard bike—and under §40-6-391, it’s a vehicle subject to DUI laws. Georgia Code §40-6-291(a) further clarifies that traffic laws applying to vehicles (not just motor vehicles) apply to bicycles, except where specified otherwise. This includes the DUI statute—so if an officer spots you weaving through Sandy Springs, ignoring stop signs, or failing a field sobriety test with a BAC of 0.08% or more, you’re facing a DUI charge.

Here’s the good news: §40-6-291(a) exempts cyclists from the harshest DUI penalties—like mandatory minimums or license suspension under §40-6-391(c)—since those apply specifically to motor vehicles. You still face up to a year in jail and fines up to $1,000, but the stakes are slightly lower. The bad news? A bike DUI still lands you a criminal record and counts as a prior offense if you later get nabbed in a car, jacking up future penalties. Bonus fact: §40-6-291(b) lets you ride on a paved shoulder (though it’s not required), and §40-6-291(c) allows a right turn signal with your right arm outstretched or left arm up—handy, but irrelevant when you’re too drunk to signal at all.

We’ve defended cyclists in metro Atlanta who thought they were dodging trouble, only to learn the hard way that Georgia doesn’t mess around. Prosecutors argue you’re a hazard to yourself and others—fair warning or not, the law’s clear enough to stick.

DUI on a Bird Scooter: DUI Charges on Electric Avenue

Bird scooters and their electric cousins are everywhere in Sandy Springs, buzzing along bike lanes and sidewalks. But can you get a DUI on one? Absolutely. OCGA §40-1-1(33) defines a “motor vehicle” as “every vehicle which is self-propelled” (excluding certain devices like electric-assist bikes or personal mobility aids). While scooters might skirt “motor vehicle” status for licensing in some contexts, they’re still “vehicles” under the broader §40-1-1(75) definition when ridden on public roads. If you’re caught with a BAC of 0.08% or higher—or riding erratically enough to flunk a “less safe” test—you’re in DUI territory.

The stakes? Same as a car: jail, fines, and a suspended driver’s license, even if you weren’t driving. We’ve seen clients shocked when their scooter ride home turned into handcuffs. Prosecutors don’t care that it’s “just” a scooter—its 15-20 mph speed makes it dangerous enough. The “fair warning” rule might raise eyebrows here, but Georgia courts have upheld similar charges, saying the law’s broad language puts you on notice.

DUI on a Horse: Galloping Into Legal Gray

A DUI on horseback sounds like a tall tale, but it’s possible—and it’s happened. OCGA §40-6-4 (2023) states: “Every person riding an animal or driving an animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter,” except where the rules clearly don’t apply. Pair that with §40-6-391’s “any moving vehicle” language, and a horse on a public road could qualify. If you’re trotting through Fulton County, reins slipping, with a BAC of 0.08% or higher—or if an officer deems you too drunk to ride safely—you could face a DUI charge.

Courts have applied this to horse-drawn buggies in rural Georgia, and a saddled horse isn’t a big leap. Penalties mirror other DUIs: jail and fines, though no license suspension unless a motor vehicle’s involved. Animal cruelty charges could pile on if the horse suffers. Could “fair warning” save you? Maybe—McBoyle suggests a horse might stretch the statute too far for the average person to anticipate. But don’t bet on it; Georgia’s DUI enforcement isn’t horsing around.

Why This Matters—and Why You Need Us

A DUI on a bike, scooter, or horse isn’t a minor hiccup—it’s a criminal offense that can tank your job, housing, or future. Prosecutors don’t care how quirky your “vehicle” is; they’ll push for the max—though bikes get a penalty break under §40-6-291(a), the conviction still stings. That’s where we, George C. Creal, Jr., P.C., Trial Lawyers, step in. With over 50 years of trial experience and 100+ not guilty verdicts, we’ve tackled these oddball DUIs head-on. We’ve argued before the Georgia Supreme Court—twice—and won appeals that shape DUI law. Judges and prosecutors know us as “Georgia’s Real Deal DUI Lawyers,” often sending their own referrals our way.

Our strategy? We dissect every angle. Was the stop legal? Were tests botched? Does “fair warning” apply? For bikes and scooters, we’ve challenged “control” definitions. For horses, we’ve questioned statutory reach. We limit our caseload to dig deep—spending 10 hours per case on average—because you deserve more than a rushed plea mill.

The Bottom Line

Georgia’s DUI laws don’t care if you’re pedaling, scooting, or saddled up—if you’re impaired on a “vehicle,” you’re fair game. The statutes are broad, the “fair warning” rule is codified, and enforcement is relentless—though §40-6-291 cuts cyclists some slack on penalties. Next time you’re out, skip the bike, scooter, or horse after drinks—call a ride instead. But if you’re already charged, don’t wait. Contact George C. Creal, Jr., P.C., Trial Lawyers. We’ll fight to keep your record clean and your life on track.

Call us today for a free consultation. Let’s rein in your case together.

By George C. Creal, Jr., P.C., Trial Lawyers