If you’ve ever asked “Can you get a DUI on a bicycle?” the answer is yes. You can get charged with a DUI on a bicycle, especially when drunk biking results in significant consequences, e.g., personal injury or property damage.
You might also ask, “Is it illegal to ride a bicycle drunk?”
Yes, in most states it’s generally considered illegal to operate a bicycle in a public place or road when the operator is impaired because of drugs or alcohol.
If you or someone you love has been charged with riding under the influence, you may have questions about whether biking under the influence (BUI) is legal.
To definitely answer the question, answer “Where did the BUI happen?” and “What are the state’s DUI laws?”
Drunk Biking Consequences
Questions concerning “Can you get DUI on a bicycle?” are in the news.
An Ohio man was found walking a bicycle in his front yard. A local police officer stopped him because the man’s bike didn’t have a headlight. At that time, the officer said he detected alcohol on the man’s breath.
The man was asked to take a breath test by the police officer. He refused to submit to the test. At that point, he was charged with (and later, convicted of) drunk driving. He received a four-day jail sentence, a suspension of his driver’s license, and a permanent criminal record.
Unfortunately, DUI charges may be as severe for the bicyclist as the car, truck, or motorcycle driver. A DUI on a bicycle (a “BUI”) creates a criminal record, affects the offender’s driving record, impacts his or her employment opportunities, and may limit his or her ability to receive loans or rent property.
If you or someone you care about is facing DUI charges for any vehicle—including a bicycle—it’s essential to seek the advice of an experienced DUI lawyer now.
Bicycle DUI / BUI?
Yes. A bicycle DUI or BUI can happen. Although many DWI and DUI cases concern drivers of cars, SUVs, trucks, motorcycles, or boats, driving under the influence on a bicycle is possible.
Although the impaired bicyclist might not seem to pose the same type of threat as the motor vehicle driver, drunk biking shouldn’t be taken lightly.
Can You Get DUI on a Bicycle?
Yes. More people commute to work by bicycle than ever before. According to The Wall Street Journal, the number of commuters getting to and from work on bikes has increased by almost 50 percent in the past 20 years.
For some, bike culture and drinking go together. Biking and “pub crawls,” such as the famous “Critical Mass” crawl in Houston, are especially popular. For instance, Traitor Cycles, an urban bicycle manufacturer, produced commuter bikes with the Pabst Blue Ribbon logo.
Is It Illegal to Ride a Bicycle Drunk?
It may not be technically illegal in some states, but that doesn’t mean it’s okay to ride a bike drunk.
While drunk biking might seem a little less risky than driving drunk, intoxicated bicyclists do pose higher risks to pedestrians and other cyclists.
Unfortunately, the drunk bicycle operator poses the most severe risks to himself or herself. The National Highway Traffic Safety Administration (NHTSA) reports that almost 33 percent of bicyclists killed last year had blood alcohol content (BAC) levels of 0.01 grams/deciliter and about 25 percent had BACs of 0.08 grams/deciliter.
Driving under the influence on a bicycle (when the cyclist has a 0.08 percent BAC or higher) increases his or her risk of serious bodily injury or fatal injury by almost 2,000%. (Elliot, Woolacott, and Braithwaite 2009)
Johns Hopkins University researchers report that drunk biking impairs the rider’s ability to navigate safely in traffic, perceive hazards, remain balanced, and increases the probability of risky behaviors, e.g., riding recklessly fast. The researchers also found that the drunk cyclist is less likely to wear a bicycle helmet as well.
Driving under the Influence on a Bike?
State laws are split when it comes to the subject of drunk biking.
Most states ban the operation of a vehicle when the operator is under the influence of drugs or alcohol.
However, the use of vehicle is considered a broad term. That’s why we should consider the state’s DUI laws to learn if bicycles are considered prohibited vehicles.
Let’s consider the states of Texas, Louisiana, and Mississippi and their stances on drunk biking:
• Under Texas Transportation Code Ann. §49.04, the law prohibits the operation of a motor vehicle when the operator is under the influence of drugs or alcohol. It doesn’t specifically mention bicycles.
• In comparison, Louisiana’s DUI laws prohibit the driver from operating any means of conveyance when the driver is intoxicated. In State v. Carr (761 So.2d 1271, 2000) the Louisiana Supreme Court found that DUI laws of the state didn’t include the bicyclist because the intention, as well as the interpretation of the laws, were “ambiguous.”
• However, the laws of Mississippi (Mississippi Code Ann. § 63-11-30) ban the driver from operating any vehicle—including a bicycle when the operator is under the influence. The bicyclist must not operate when intoxicated or under the influence of controlled substances in Mississippi. The drunk cyclist risks severe punishments if convicted of BUI in Mississippi.
Drunk Biking and Best Practice
Just because a state’s laws are ambiguous doesn’t mean the activity is best practice, of course.
Riding a bicycle under the influence is closely associated with behaviors that increase the operator’s risk of serious injury, e.g., riding without a protective helmet, operating the bike at night, or doing so without the benefit of reflective devices and lights.
A trauma center study in Austin TX (Crocker et al. 2010) considered 200 cyclists:
• About 20 percent reported drinking alcohol or had confirmed BAC levels
• Cyclists consuming alcohol were shown to have higher rates of injury
• Injured cyclists rode in inclement weather or at night
It’s clear that drunk biking is a dangerous practice, even if a state’s law assumes that the drunk cyclist endangers only himself or herself.
Generally speaking, if the state’s DUI / DWI laws explicitly prohibit the impaired operator’s use of a motor vehicle, the state’s laws may be interpreted as not specifically applicable to bicycles, skateboards, or other human-powered vehicles.
However, if the state’s laws apply more broadly to vehicles, the court may find that human-powered cars like bicycles do apply.
In this scenario, an experienced bike attorney can provide valuable assistance in determining what laws, if any, apply and whether local courts have previously applied the state’s DUI law to cyclists.
State Laws and Drunk Biking
As discussed, some states categorically exclude the bicycle from its legal definition of a vehicle. Other states focus their DUI/DWI laws on motorized vehicles.
However, some states consider the bicycle as a road vehicle—even if the legal language seems broad. Drunk cyclists, therefore, face significant penalties and punishments in these states, just as if they were arrested for a DUI or DWI.
For instance, the state of California considers the cyclist as it does all other drivers on the road. An intoxicated bicyclist may face a DWI or DUI offense in California.
Biking under the Influence Laws
Can you get a DUI on a bicycle? It depends where you’re riding the bike:
• Yes. In Alabama, the state’s DUI laws apply to bicycles.
• No. In Alaska, the state’s DUI laws don’t apply to bicycles.
• No. In Arizona, the state’s DUI laws don’t apply to bicycles.
• No. In California, the state’s DUI laws don’t apply to bicycles. However, other laws in California say it’s illegal to operate a bike on a public highway (i.e., public streets, not private roads or driveways) in California.
• Yes. In Colorado, the state’s DUI laws apply to bicycles.
• Yes. In Connecticut, the state’s DUI laws apply to bicycles.
• No. In Delaware, the state’s DUI laws don’t apply to bicycles. However, it’s absolutely illegal for cyclists under the influence of drugs or alcohol to operate a bicycle on a roadway.
• Yes. In the District of Columbia, the state’s DUI laws apply to bicycles.
• Yes. In Florida, the state’s DUI laws apply to bicycles.
• Yes. In Georgia, the state’s DUI laws apply to bicycles.
• Yes. In Hawaii, the state’s DUI laws apply to bicycles.
• Yes. In Idaho, the state’s DUI laws apply to bicycles.
• No. In Illinois, the state’s DUI laws don’t apply to bicycles.
• Yes. In Indiana, the state’s DUI laws apply to bicycles.
• No. In Iowa, the state’s DUI laws don’t apply to bicycles.
• No. In Kansas, the state’s DUI laws don’t apply to bicycles.
• No. In Kentucky, the state’s DUI laws don’t apply to bicycles. However, state laws prohibit an impaired (by drugs or alcohol) driver from operating an unmotorized,, e.g., bicycle, vehicle.
• No. In Louisiana, the state’s DUI laws don’t apply to bicycles.
• No. In Maine, the state’s DUI laws don’t apply to bicycles.
• Yes. In Maryland, the state’s DUI laws apply to bicycles.
• No. In Massachusetts, the state’s DUI laws don’t apply to bicycles.
• No. In Michigan, the state’s DUI laws don’t apply to bicycles.
• No. In Minnesota, the state’s DUI laws don’t apply to bicycles.
• Yes. In Mississippi, the state’s DUI laws apply to bicycles.
• No. In Missouri, the state’s DUI laws don’t apply to bicycles.
• No. In Montana, the state’s DUI laws don’t apply to bicycles.
• No. In Nebraska, the state’s DUI laws don’t apply to bicycles.
• No. In Nevada, the state’s DUI laws don’t apply to bicycles.
• Yes. In New Hampshire, the state’s DUI laws apply to bicycles.
• No. In New Jersey, the state’s DUI laws don’t apply to bicycles.
• No. In New York, the state’s DUI laws don’t apply to bicycles.
• Yes. In North Carolina, the state’s DUI laws apply to bicycles.
• Yes. In North Dakota, the state’s DUI laws apply to bicycles.
• Yes. In Ohio, the state’s DUI laws apply to bicycles.
• No. In Oklahoma, the state’s DUI laws don’t apply to bicycles.
• Yes. In Oregon, the state’s DUI laws apply to bicycles.
• Yes. In Pennsylvania, the state’s DUI laws apply to bicycles.
• Yes. In Rhode Island, the state’s DUI laws apply to bicycles.
• No. In South Carolina, the state’s DUI laws don’t apply to bicycles.
• Yes. In South Dakota, the state’s DUI laws specifically reference bicycles.
• No. In Tennessee, the state’s DUI laws don’t apply to bicycles.
• In debate. In Texas, attorneys challenge the DUI laws as they apply to bicyclists.
• Yes. In Utah, the state’s DUI laws apply to bicycles.
• No. In Vermont, the state’s DUI laws don’t apply to bicycles.
• No. In Virginia, the state’s DUI laws don’t apply to bicycles.
• No. In Washington, the state’s DUI laws don’t apply to bicycles. (However, police may impound the cycle or request to take the cyclist to another, safer location.)
• No. In West Virginia, the state’s DUI laws don’t apply to bicycles.
• No. In Wisconsin, the state’s DUI laws don’t apply to bicycles.
• Yes. In Wyoming, the state’s DUI laws apply to bicycles.
Keep in mind that, even if you live in a state where you won’t get charged with a DUI, drunk biking may result in other charges. For instance, an officer might charge the drunk biker with public intoxication even if the state doesn’t have BUI-specific laws. (Although the defendant faces lesser than DUI / DWI charges, he or she still faces a criminal offense)
Riding Under the Influence?
Quite often, there’s plenty of a legal gray area when it comes to driving under the influence on a bicycle. In many instances, BUI law differs from DUI / DWI laws. The BUI offender may face less stringent penalties in some states—and his or her driver’s license might not be affected.
Ask the following questions to understand a specific state’s BUI laws:
• Does the state have a bicycle-specific and “DUI-like” statute? If so, the law governs how the intoxicated cyclist is treated.
• Does the state law consider the bicycle is a vehicle? Thjudgeaw may give bikes “duties and rights” of cars—but might not define them as vehicles.
• Does the state’s DUI / DWI statute apply to all vehicles? Does it apply to just motor vehicles?
• Does case law exist on this topic in the state? Consider if 1) the bicyclist is, by nature, exempt from part or all of the state’s DUI laws and 2) if the intent and statutory language apply to cyclists operating under the influence.
• Do trends show the most likely result of litigation (if the state’s law is unclear on the subject)?
”BUI” and State Laws
In summary:
Four states currently have discrete BUI statutes providing penalties for convicted cyclists.
Five states have statutes exempting cyclists from part or all of the state’s DUI statute.
Forty-one states make unclear application of their DUI laws.
In 24 states, the interpretation of these states’ DUI laws has been determined not to apply to cyclists. It’s possible for the cyclist to get into legal trouble—but he or she might not get cited for drunk biking. He or she may face drunk in public or disorderly conduct charges.
In 21 states and Washington, D.C., the drunk cyclist may face DUI charges, even though he or she wasn’t operating a motor vehicle.
The Uniform Vehicle Code (UVC §11-902) addresses driving under the influence. Although there’s no “Bicycling under the Influence” specific equivalent, cyclists may be subject to the code’s DUI provisions (in particular, §§1-215, 1-109, 11-1202, and 11-902).
Facing a DUI / DWI / BWI or Related Charges?
Answering the question “Can you get a DUI on a bicycle?” or a bicycle DUI depends on where the alleged offense happened.
If you or someone you love is facing a drunk biking, DUI, DWI, or BWI charge, realize this is a serious legal matter. Contact a knowledgeable DUI to evaluate your case.