Drunk Biking Laws

Riding a bike while drunk does not seem to be as dangerous as driving a car drunk. Driving under the influence of alcohol puts others at risk of serious harm. However, drunk cyclists can still cause accidents with other vehicles, putting other people at risk of serious injuries. 

Drunk biking laws vary by state. In some states, riding under the influence on a bike is just like driving a car under the influence. Other states have separate penalties for biking under the influence. If the police accuse you of cycling under the influence, contact a local DUI lawyer for legal advice. 

What Are the Risks of Biking Under the Influence?

Even if you aren’t stopped by the police, drunk biking can still be dangerous. According to the Centers for Disease Control and Prevention (CDC), about one-third of fatal bike crashes involve alcohol by the vehicle driver and/or the bicyclist. 

Alcohol can slow reaction time and increase risky behavior. Drunk riders may be more likely to fall or lose their balance. Cyclists under the influence are also less likely to wear bike helmets and use other safety equipment, like bike lights. 

Can You Get a DUI on a Bike?

In some states, you can be charged with driving under the influence (DUI) while riding a bicycle. These states treat a bike DUI just like a vehicle DUI case. You can face misdemeanor charges that will go on your criminal record. Penalties can include jail time, fines, and losing your driver’s license. 

When a bicycle DUI is the same as a motor vehicle DUI, the penalties are even more harsh for drivers with prior drunk driving convictions. For example, if you have multiple vehicle DUIs and get a bike DUI, you may face felony drunk driving charges even though you were on a two-wheel bike.

What Are State Drunk Biking Laws?

Different states have different drunk biking laws. State laws generally fall into one of three categories: 

• Bike DUIs are the same as vehicle DUIs
• Bike DUIs are a separate offense or infraction
• There are no specific laws addressing biking under the influence

Misdemeanor Bike DUI States

In more than a dozen states, drunk cyclists can get the same treatment as drunk drivers. In many of these states, the definition of a vehicle includes a bicycle. Operating a vehicle under the influence of alcohol is a DUI offense. 

For example, under the Georgia vehicle code, a vehicle includes every device that can transport people on a highway. This includes bicycles. Even if you don’t need to have a driver’s license to ride a bike on the road, you can face a driving while intoxicated (DWI) arrest on your bike. 

Penalties for drunk driving depend on the state. Most first-time DUI convictions result in fines, possible jail time, and a license suspension. You may also have to perform community service, go to DUI school, and pay higher car insurance rates. 

States With Drunk Biking Infractions 

A handful of states treat biking under the influence less severely than drunk driving. Penalties for a conviction can include fines or points on your driving record, just like for any other traffic ticket. 

For example, under California’s Vehicle Code, riding a bike on the road while under the influence of drugs or alcohol can mean a fine of up to $250.

No State DUI Laws

Other states don’t have any specific traffic laws that apply to drunk biking. Many of these states limit drunk driving laws to motor vehicles. If your bike doesn’t have a motor, it is not a motor vehicle. 

For example, New York does not have a specific drunk biking law. You won’t face a vehicle DUI arrest if you get stopped by police for biking under the influence. However, you could face other problems with the police if you are too drunk to ride safely. 

Some states and cities may charge you with drunk or disorderly conduct or public intoxication. A conviction may just result in a fine, but this could still mean a criminal record, so you should still consider mounting a defense against the charges before you agree to anything.

What Are Legal Defenses Against Drunk Cycling?

Legal defenses for drunk cycling are similar to legal defenses for drunk driving. The prosecutor has the burden of proof to show you violated state law. This includes proving you were operating a vehicle under the influence of alcohol. 

The prosecutor can use a breath or blood test to show your blood alcohol content (BAC) was over the legal limit. There may have been a problem with the testing or the testing equipment. If the breath test machine is not properly calibrated, it could compromise your BAC results. Your DUI defense attorney can challenge the evidence to try to prove that the results are unreliable.

Police may also use field sobriety tests to show impairment. However, these tests can be unreliable. Sober drivers and cyclists have failed the tests because of improper instructions, uneven surfaces, or medical conditions. 

There are several legal defenses for drunk biking charges. Talk to your DUI defense lawyer about your legal defense options. 

How Can a Lawyer Help With Drunk Biking Charges?

If you are arrested for drunk biking and face criminal drunk driving charges, a lawyer can defend your rights in court. A criminal defense attorney who understands drunk biking cases can review your case and build a solid legal defense.

Avoiding a criminal conviction will mean keeping your license. If you are facing an infraction or fine for biking under the influence, your lawyer may still be able to negotiate a deal to reduce the fine or keep the points off your record.