After swerving to avoid the Uber, she was struck by the garbage truck.
44-year-old Felipe Chairez, of Centereach, is facing several charges including DWI.
Eyewitnesses have said that Madison Lyden was riding in a bike lane shortly before the tragedy unfolded, and was forced to swerve suddenly when an Uber vehicle pulled out in front of her.
"If he had a chicken salad sandwich, the alcohol may have been absorbed by the lunch he had", said lawyer Kenneth Ware. 'If that's true ... all he is charged with right now is a misdemeanor'.
They include a ride in a double-decker open-top bus in NY and posing in front of a large fountain, likely in Central Park.
The Geelong swim teacher was in NY on holiday with friends at the time of her death.
The NYPD's Collision Investigation Squad is investigating the incident, which happened near 70 Central Park West.
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He said: "We were under no illusions as to how hard it would be beforehand but we didn't deal with what they threw at us. From the opening exchanges, it was clear that this game was always going to one that had goals in it.
New York's mayor, Bill de Blasio, visited the scene of the accident and told NBC news too many drivers "didn't take care" on the city's streets.
She was rushed to the hospital with severe body injuries and later died.
"This is disgusting what happened here", he said.
The mayor called Lyden's death "another example of reckless driving".
"Madison Jane Lyden is dead because her bike lane was blocked".
While trying to avoid the vehicle Lyden swerved into traffic and was hit by the truck which travelling in the same direction.