You’ve been drinking with your buddies after a bike ride. The group ride was fantastic, and you’re all hot and sweaty right now. But you’re concerned – is it legal to drink alcohol and then ride the bike home? You realize that getting home on your bicycle may not be the greatest idea, but you don’t want to give up partying with your friends.
You are right in being concerned if DUI laws apply when riding your bike because in many states they do and you can get a cycling DUI.
This means that if you are caught biking while intoxicated, you could be subject to the same penalties as if you were driving a car while drunk. These penalties can include prison, fines, and a driver’s license suspension.
The states differ widely in their respective laws. Some don’t have any laws against cycling while drunk and in others, it is a serious crime that will stay on your record for the rest of your life.
So, if you have been drinking and plan on riding your bike, make sure you know the laws in your state and keep your BAC below the legal limit. Otherwise, you could find yourself facing serious consequences for the rest of your life.
There are different laws in each state, and it can be difficult to determine whether or not you can be charged with a DUI while biking. In this article, we’ll explore the various state laws and what the potential fines could be if you are convicted of a DUI while biking.
What is a DUI?
A DUI, or Driving Under the Influence, is a criminal offense in most states. It is typically defined as operating a vehicle while impaired by alcohol or drugs. This can include biking, as well as driving a car, motorcycle, boat, or another type of vehicle.
DUI laws vary from state to state, but they usually involve two main elements: Blood Alcohol Concentration (BAC) and impairment. BAC is usually measured by a breathalyzer test on-site, but it can also be determined through a chemical test like a blood or urine test.
Your blood alcohol content (BAC) must be above a certain level for you to be charged with a DUI. In most states, this level is 0.08%. This means that if your BAC is below 0.08%, you cannot be charged with a DUI, no matter how intoxicated you may appear to be.
Impairment can be observed by police officers and is usually based on factors such as poor driving, erratic biking behavior, slurred speech, red eyes, or the smell of alcohol on the breath.
These behaviors can also lead to you being charged with public intoxication or disorderly conduct which are criminal offenses.
Refusing to take a breathalyzer test can be grounds for a DUI charge in some states. This is typically considered a separate offense from actually biking under the influence.
While it is technically possible to get a DUI while biking, it is much less common than being charged with a DUI while driving motor vehicles. This is because it is more difficult for police to observe and monitor cyclists, compared to drivers.
What are the penalties for cycling under the influence?
The penalties for riding a bike under the influence of alcohol vary from state to state, but they are typically much less severe than the penalties for driving under the influence.
In most states, the maximum penalty for a first offense is a fine of $250-500. In some states, you may also be required to attend counseling, an alcohol education program, or have to do community service.
In most jurisdictions, your first DUI conviction is a misdemeanor whether committed in a motor vehicle or on a bicycle.
What states can you get a DUI on a bike in the US?
According to Avvo, a website that provides legal information, in states like Alabama, Colorado, Connecticut, DC, Florida, Georgia, Hawaii, Idaho, Indiana, Maryland, Mississippi, New Hampshire, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Texas, Utah, and Wyoming the same DUI laws apply to drunk drivers and bicycle riders.
However, that doesn’t mean that you can just bike under the influence in all other states. You can still be charged with a DUI if you are biking recklessly or causing a danger to others.
So, if you are planning on biking after drinking, it is best to check the laws in your state first to know the details.
Even if your state does not have DUI laws specifically prohibiting biking under the influence, it is still not a good idea to do so. Biking while intoxicated can lead to serious accidents and injuries, and it is always best to err on the side of caution.
How can you defend yourself against a DUI charge?
If you are facing charges for biking under the influence, it is important to speak to an experienced DUI attorney in your area. An attorney can help you navigate the legal process and fight for the best possible outcome for your case.
In some states, a DUI conviction can also result in the loss of your driver’s license.
DUI convictions aren’t something to take lightly. A DUI on your record can lead to higher insurance rates, difficulty getting a job, and a host of other problems so you should get legal help immediately.
Most DUI lawyers offer an initial, free consultation. To find one in your area simply type DUI lawyer CITY NAME into Google and give them a call.
Every DUI charge is different so make sure you reach out to a lawyer for your individual case.
What should you do if you are pulled over for riding under the influence?
If you are pulled over by the police for riding your bike under the influence, the best thing to do is to be polite and cooperate with the police officer.
The officer needs reasonable suspicion to pull you over. If you think he doesn’t have that you should still cooperate and fight the charges with an attorney later.
Chances are very good they will be dropped if the officer can’t provide evidence of why he had suspicion to pull you over.
Give the police officer your name and address, and answer any questions they have truthfully.
If you are asked to take a field sobriety test, you have the right to refuse. However, if you do refuse, the officer may arrest you and confiscate your bike.
Once the situation is over and you are in a safe location make sure to write everything you can remember down, so your attorney has all the details.
What are the risks of riding a bike under the influence?
Aside from the legal penalties, there are many risks associated with riding a bike while under the influence of alcohol.
Alcohol impairs your ability to balance, slows your reaction time, and decreases your coordination.
This makes it more likely that you will crash, and less likely that you will be able to avoid obstacles in your path.
Riding a bike under the influence also increases your risk of being involved in an accident with a motor vehicle especially because most drunk driving happens at night.
Drivers are less likely to see a bike rider at night, and they may have trouble judging the speed and distance of an oncoming bike. This increases the chances of a driver hitting a cyclist, even if the cyclist is following all the rules of the road.
Cyclists who ride under the influence are also more likely to be involved in accidents with pedestrians. Alcohol-impaired cyclists are more likely to ride on the sidewalk, where they are less visible to pedestrians.
Why should you not bicycle drunk? 37% of all bicycle crash fatalities in the US involve drunk drivers. Which is a staggering amount of lives lost to something so preventable.
Conclusion
In my opinion, it is never worth riding a bike while being drunk, or any vehicle for that matter. Reckless driving and biking can result in fines, the loss of your biking privileges, and even the loss of your driver’s license.
It is always best to be cautious and ride sober to avoid any legal penalties or accidents. If you do insist on riding drunk make sure you know your local traffic laws. If you are facing charges for biking under the influence, reach out to a DUI lawyer in your area.
If you really have to ride your bike after having a couple of drinks get this DOT & NHTSA approved Breathalyzer so you won’t run into any unpleasant surprises down the road.
Related Questions
Can you get a DUI on an electric bike?
In short, yes – you can get a DUI on an electric bike. The consequences of doing so can be even more severe than if you were caught driving under the influence with a normal bike.
Electric bikes are classified as ‘motorized vehicles’ in most jurisdictions, meaning that the same laws and penalties apply to them as would any other vehicle.
Getting a DUI on an electric bike can lead to hefty fines, the loss of your license, and even jail time in some cases.
If you’re planning on riding one, be sure to follow all the rules of the road and never drink and ride. Doing so could end up costing you a lot more than just a few dollars in fines.
What other drugs can impair your ability to ride a bicycle?
Prescription medications, over-the-counter drugs, and even some herbal supplements can all cause drowsiness, dizziness, and other problems that make it unsafe to ride a bike. Alcohol is not the only substance that can lead to a DUI while riding a bicycle.
If you are taking any type of medication, be sure to check with your doctor or pharmacist to see if it could affect your ability to ride a bike safely. The same goes for any illegal drugs you may be taking – even if you don’t feel impaired, they could still make it unsafe for you to ride.
Can you get a DUI on a bike in Michigan?
No, you can’t get a DUI on a bike in Michigan. Michigan’s DUI laws only apply to motor vehicles.
If you’re under 21 and drunk you can get a $100 fine for public intoxication.
Over the age of 21, it is not illegal to be drunk in public in Michigan. However, if you’re disturbing the peace you can still be charged with disorderly conduct.
Can you get a DUI on a bike in California?
Technically, no. But you can get a CUI (Cycling Under The Influence) charge under California vehicle code 21200.5 VC.
This is a misdemeanor charge which carries a $250 fine but no jail time. Since you have to disclose misdemeanor charges on your record this is still a serious charge and you should think twice before riding drunk in California.
Can you get a DUI on a bike in Florida?
Yes, you can. Florida’s DUI statute states that anyone operating a vehicle can be charged with a DUI. Vehicle in this context includes anything that can be used for transport.
This includes golf carts, bicycles, and even horses.
In Florida fines for your first DUI range from $500-$1000 and can even be 6 months in jail.
Can you get a DUI on a bike in Minnesota?
No, you can’t. Just as in Michigan, in Minnesota DUI laws only apply to motor vehicles.
Can you get a DUI on a bike in NY?
No, you can’t. New York is another state that applies its DUI laws only to motor vehicles.
Can you get a DUI on a bike in Texas?
Technically, yes. Although it is highly unlikely that you will be charged with a DUI while biking. The reason for that is that Texas’ laws aren’t as clear as other states so some prosecutors try to convict you for drunk driving.
