General Cycling Discussion - Can you get a DUI riding a bike?!

Last month, I had a bad experience with a DUI road trap. I went to a party, and had a little too much "alkyhol." As I was about to leave the party, I heard several people say: "When you get to the end of the driveway, go right and drive over the mountain to get home. There's a DUI road block to the left." I didn't think anything of it, because I thought I was okay. So, like a dummy, I turned left and drove right into the trap a mile down the road. Bad move. The state trooper put his head in my window and asked if I had been drinking. Not to lie (he could smell the beer on my breath), I said yes. He told me to pull over and get out of the car. I went through the eye movement test, foot in front of foot straight line, etc., and did rather badly. They put my in a police car and took me to jail, while my poor wife had to call someone to come get her and the car (she had been drinking too, but only had a couple).
At the jail, the arresting officer sat with me in a big room, and filled out paperwork, for what seemed like 45 minutes. Then he gave me the breath test. While sitting there, I thought: "Hey, this cop is a good guy. He's giving me some time to sober up before he gives me the test!" Wrong! I learned later that your blood alcohol level continues to climb for at least 1.5 hours after the last drink! He was trying to get my alcohol level UP! By the grace of God, I came in at .072, which is under Kentucky's maximum of .080. But they still, for a reason I don't know, charged me with reckless driving or open container in the car (I had a choice). I wasn't driving recklessly, and didn't have an open container in the car. They were going to hold me for a minimum of 4 hours before I had to post bond. But luckily for me, a local judge had also gone to the party, and was following me when I got pulled over. He called the jail and sprung me right away, without posting a bond.
So I had to get a lawyer, who got the case dismissed. It only cost me $500 for the lawyer, plus $100 court costs. I had a great time at the party, but certainly not $600 worth!
The irony of it is, I was all set to ride my bike to the party, which was about 6 miles from my home. But then at the last minute, my wife decided to go with me, so I took my car. The question is, if I had ridden into the trap on a bike, would I have been charged just as if I was driving a car? Might have saved me $600! This whole sordid episode scared me spitless! I've learned my lesson. Don't drink and drive, bub!

In canada it is against the law...you would be eligible for fines, jail time,revoking of licsence and points off of permit. You are on a vehical and drunk. If you aren't a danger to others you are definately a danger to yourself. (as for provincial specifics they change but the basics I believe are the same)

dont carry your drivers licence with you if you drink & ride. may-be ride on the side-walk, different set of laws ???

Law or not, I can certainly say that I wouldn't want any part of riding under the influence of alcohol or anything else. I think that is one fast way to become an example of Darwin's theories of natural selection.

well, it varies from state to state. in most states since a bicycle is considered a vehicle, and the DUI laws are written for vehicles it does techically apply. then some of the laws are "operating a MOTOR vehicle". so technically, yes, often you can be charged for DUI/DWUI just like driving.

i know this was the case in Texas unless they changed it b/c in college i used to ride to parties and home while definitely above the legal limit to drive a car - i had one time where i met the pavement maybe 5 times on a 1-2 mile ride home - but i wasn't endangering anyone but myself, so i just didn't take it the same as driving a car (i've driven once over the limit when i was 17 and never since)

anyway, some of us looked up the laws and TECHNICAL in Texas you can get your driver's license suspended. of course, another technicality is that you don't NEED a driver's license to ride a bike...

but, in reality it is unlikely i think, b/c biking while drunk just does not endanger others like the DUI laws are designed to prevent, so you'd have to have a really strict judge and a crappy attourney to get the REAL DUI punishment while on a bike. i.e. the $1000 and/or license probation that most states now have.

now if you have a prior conviction, it might be treated a little more severly (i.e. as evidence that you haven't learned your lesson and would drive a motor vehicle drunk again too)

some time ago i read some commentary on the subject and some judge basically said "hey, every drunk guy on a bicycle is one less behind the wheel, and they can endanger themselves all they want as long as they don't get behind the wheeel" --- i actually think it was in England where BUI is more common -- but i think the attitude is right on.

A friend of mine has been driving for over 40 years. He has had only one accident. He was hit by a drunk bicyclist. If I recall correctly the bicyclist was charged with drunk driving, but it didn't mean much, since this was before a DUI received much more than a slap on the wrist.

Cheers,
Jamie

About a month ago I was riding home on a busy road in the evening when I encounterted traffic backed up endlessly at what turned out to be a checkpoint.I hoped on the sidewalk rode by and enjoyed the road virtually to myself the next mile or so.The cops around here(So.Fl.) only seem to bother cyclists when they ride at night without proper lighting particularly if they are riding in the street and then only warn the cyclist to get lighting.While I highly recommend not riding drunk for your own safety(and motorists as well) if you do be sure to have proper lighting and follow other rules to avoid being stopped where they might notice you drunk and find something to charge you with.Riding on the sidewalk may be smart also as one mistake on the road could be it(plus cops pay less attention to cyclists on sidewalks) but watch intersections and cars pulling out from stripmalls etc.I defer to the previous posts on the actual legality as I don't drink.

I know that when I participated in the "Moonlight Ramble" (Part party, part bike ride - 2am through downtown) here in Houston, they warned us that open container and DUI laws apply.

That being said we still saw people with bottles of wine in their bottle cage. From what I saw there was not a person that was harassed by the police at the intersections. (Maybe because the police were paid to be there?)

Matt

here in Houston, they warned us that open container and DUI laws apply

isn't it still called DWI (Driving While Intoxicated) in Texas?

so sounds like they haven't changed it and you can still technically be brought up under full DWI/DUI charges in Texas when on a bicycle... never heard of anyone who has and the cops never looked at me on my bike - well, the UT campus police used to try and ticket me for not putting my foot down at stop signs... but nothing to do with DWI. i supposed they could use it as a "reason" to mess with you if you are some "undesireable" type with spiked or blue hair or the "wrong" skin color...

Originally posted by Maelstrom
In canada it is against the law...you would be eligible for fines, jail time,revoking of licsence and points off of permit. You are on a vehical and drunk. If you aren't a danger to others you are definately a danger to yourself. (as for provincial specifics they change but the basics I believe are the same)

Well, in the United States, both our President and Vice President (twice for Mr. Cheney) have been arrested for DUI, but they were driving automobiles. So don't believe those who say that if you drink and drive, you'll not amount to anything!!

Sorry, way OT, but I couldn't resist. :D

you can drink and ride in seattle.

this was in the courts about 11 years ago.

we had a discussion a few months back about it, search and you may be able to find it....

:) Please don't drink and ride and don't drink and drive.:)

Even if they do not bust you for DUI... I would think they could DEFINITELY bust you for Drunk In Public. Most states have a DIP law. Most of the time it's just a fine that you can pre-pay if you are willing to just plead no-contest. Course I'm sure there are variations per state.

PBW


Edited to add: Which also means... you will be spending the night in the drunk tank...

One time last summer, I was riding my bike out in Port Hope, Ontario, I must have been thinking of a Ice cold beer, when I entered a Burger joint can remember the exact Name of the Restaurant, but as soon as I seat down I ordered one Blue, and right away gulp it and at the corner of my eye I can see two Police officer having their snack and one officer approached me and said your not having a second, do you, I said I was just so thirsty and the first that Came out of my mind was an Ice Cold Beer, and the Officer said if you having a second bottle of Beer, He will give me a ticket for D.U.I., what the heck why will I argue with the Officer, I just said no I will not have a second beer, because I will be ordering my lunch Now. being reasonable to this officer won't get you in trouble.:D :D

I have known of cyclists to go on a tour of Napa wine district and they report local police are on to organized bike tours of wine districts.. Yes, they did report Police like to busy cyclists for DUI..
I find it puzzling that a cyclist, who does not have to have a license to ride a bike, can be subjected to Exactly the Same laws.. What if you are a cyclists without a driver's license. Can't take license away from you are least.? Not to say I think it wise to cycle and be drunk at the same time..
In fact, I recall a clerk at a supermarket telling me her daughter was busted some traffic infraction while riding a bike.. She said the daughter had to go to 'bike school.'

I know of a case where a fellow got ticketed for operating a motorized wheelchair while intoxicated.

One scenario I can think of where you would be charged with 'BWI' would be if you swerved into traffic and caused an accident between one or more vehicles as they swerve to avoid hitting you. Laws vary, so you never know. In places where the law treats cyclists just like other vehicle traffic I suppose it's a technical possibility -- I doubt the punishment would be the same, though.

I know that you can refuse a breathalizer test. They can suspend your license for this but so what. More time on the bike. They may be able to still convict you if you are obviously drunk but as long as you have your wits about you it should work. I wonder what this would do to your insurance premiums, though.

Here's why driving under the influence is "stupid". Some months back a doctor friend decided that after many years of hard work, he deserved a special gift on his 50 birthday... He bought himself a new Porsche 911 Turbo convertible.

He drove it to work the first day... later that day, he put the top down and was looking forward to his 30 mile drive home on Ortega Hwy...(it's a great S shaped country 2lane road for a long drive). Half way home some idiot driving a pickup, that had a few to many cross the middle line and hit my friend head on.... flipping his auto...totaled it... he lived but was in a coma for weeks. Thank God, he woke up but didn't remember anyone.

Months later, he's back to work, PT, has some serious brain damage, and serious memory loss... he'll never be the same :(

Why is it so hard to demonstrate some common-sense????

You're lucky, it only cost $600 and some embarrassment. You're life along with your wife's could have been ruined in so many ways!

Something else that we agree on. Maybe you're not such a bad guy after all!:o :D

you can get a public intoxication charge. you can get one from just walking (swerving) down the sidewalk.

drunk drivers who kill with their cars are no different than those who kill with guns or their fists, etc. intent aside, not one person who is sober (and everyone is sober...even drunks) would say that drinking then driving is cool.

we have a terrible problem with people from other cultures who come here to america and drink and drive and don't understand its devestating effects. the police blotter is full of these ethnic people driving drunk.

but...once again.... the alcohol lobby is a strong one.

and lawyers and judges alike drink. and drive. not neccessarily together...but....

i've learned that lawyers and lawmakers like making laws that protect or harm only when it rarely or never effects them personally.

Originally posted by RegularGuy
I know of a case where a fellow got ticketed for operating a motorized wheelchair while intoxicated.

Me, too. There was a whole bunch of handicapped people who were written up for DUI here because they were drunk and having wheelchair races down a steep hill at 3:00 in the morning once.

I remember reading of a guy who got busted DUI in the Miami area. This was maybe 20 years ago. As I recall the guy knew he was intoxicated and left his car behind and borrowed a bike. So much for trying to be at least somewhat responsible.

I don't know if the charges were actually brought forward or not as it was just a blurb in the paper and not followed up. I'd like to think the charge was changed to something like public intox. or even drunk and disorderly. Neither have the (very justifiable) longterm financial repercussions and this guy did choose not to get behind the wheel

When younger I did any # of really dumb things, most of them involving or b/c of alcohol. I'm older and perhaps wiser and I'm very particular about staying away from cars after imbibing but I can't see that treated the same as riding a bike after a few too many.

:beer:

:D

Follow-up on my original DUI post: I didn't realize, before I narrowly avoided getting a DUI, how devestating the true consequences are: Revoked license for up to 90 days, jail time if it's not your first DUI, the cost of a lawyer (I paid $500), court costs (I paid $100), insanely large insurance premium increase for 3-5 years (I've heard up to 200% increase), points on your license, a monetary fine (usually $500 or more), name in the newspaper bringing shame on you and your family, mandatory driving school, and prospective employers doing a background check probably won't hire you. In some companies, it can also mean the loss of your job. There was one guy in our town who got a second DUI, and the judge sentenced him to two weeks in jail, plus a $1,000 fine. So he took his annual two weeks vacation in jail. Upon returning to his job, he was summarily fired. Six months later, he is still looking for another job, and no one will even give him an interview.

first of all let me say that i have absolute ZERO TOLERANCE for anyone who drinks and drives. If I see someone drinking and driving, and I have, I call the police on my cell phone, again I have done this more then once.

You drink, fine that's your business, but the moment you get behind the wheel of a car then it becomes everyones business, regardless of how much or how little you had to drink. anyone who gets busted for drinking and driving gets what they deserve. and IMO they should never be allowed to drive a car again or even own one for that matter. if you wonder why i feel this way, well i'll just say i've been affected by a drunk driver before, more then once.

now as far as your question is concerned. i don't know if you can get charge with DUI or OWI or what ever it is called in your area. i think at the very least you can be charged with is public intoxication though. the thing about drinking and riding bike is if you have a accident at least you won't kill someone else in the process, just yourself if it involves a car. but i still would not recommend it.

bottom line is if you are going to drink do not drive, period. get a designated driver. and I don't buy excuses that you can't, bullcrap, yes you can.

Originally posted by N_C
the thing about drinking and riding bike is if you have a accident at least you won't kill someone else in the process, just yourself if it involves a car. but i still would not recommend it.

Not entirely true. A drunk cyclist hit and killed a ped in Newcastle, Australia about ten years ago. OK, it's not the most common thing in the world, but it's still a possibility. If you're going to go out drinking, either arrange a ride with someone who isn't drinking, or use public transport.

I have been to Europe 18 times in my life.. I find public drinking very common- even far more rampant there than in the US..At night, in England, the pubs are packed.. yet, I felt alcoholism and driving while intoxicated is less common..
I know my nephew who lived in Barcelona, we were constantly in the pubs.. That is where you had dinner along with the tapas..
I felt the availability of cheap public transit assists the drunks in not using their cars.. Transit in the US is not so readily available.. Even taxi's in some towns are rare and certainly not economical..

Anyway, I will say that bicycling while intoxicated is a very difficult thing to do. If it was easy, more people would do it. Driving a car drunk is easier than riding a bike drunk. After all, if you fall asleep at the stop light on your bike, you will fall over. If you fall asleep at the stop light in a car, you wake yourself up when your forehead hits the horn.

In most cases, cops that COULD arrest you for bicycling drunk won't. They would rather see you on a bike than in a car.

My suggestion is that if you are going drinking, please DO take a human powered vehicle. If at all possible, make it a tricycle with a nice cushy seat like a recumbent so you can snooze at the stop lights without falling over.

I, too, have little tolerance for DUI drivers, having lost way too many friends to drunk drivers and their own drunkeness. Several years ago, a gent was stopped and written up for DUI on a bicycle, and it stuck in court. It caused some local controversy and letters to the editor and such. Public opinion settled out as it was a good bust, since he was endagering himself.

Funny thing is, this is in an area where most grown men on bikes are there because they have lost their license due to DUI, and have no other way to get around.

http://www.plauder-smilies.de/skull.gif

I know from experience I have never been messed with while riding drunk.. :D but i know that it is possible. Depends where you are and how badly it looks. I mean how can they tell you just can't ride a bike.. You don't have to pass a test to be able to ride one ya know?

Second follow-up to my original DUI post: There's something I didn't know about DUI's, and it appeared in the Lexington, KY Herald-Leader a few days ago. In most states, the DUI maximum blood-alcohol level is 0.08 having come down from .010, which was common a few years ago. BUT, according to the article, most states mandate a 0.02 maximum for any driver under 21. Two beers or two glasses of wine can put many people over the 0.02 limit (especially smaller women). This is news to me. So, if it's true, a driver under 21 has gotta be extra careful!

There is an easy solution...
one drink = no driving
period.

Anyone that drinks alcohol and gets in a car and drives deserves the MAXIMUM penalty. This also applies to operating vehicles under the influence of any substance that would affect judgement and reaction time, including prescription meds.
As far as on a bike, it may not be quite as dangerous for others, but it does increase the risk severely. If one caused an accident while under the influence and biking, they should be punished as severely as if they had been in a car.

Originally posted by ChipRGW
There is an easy solution...
one drink = no driving
period.

This also applies to operating vehicles under the influence of any substance that would affect judgement and reaction time,

How about the cell phone substance? Sorry - wrong post! :D

Originally posted by trmcgeehan
Two beers or two glasses of wine can put many people over the 0.02 limit (especially smaller women). This is news to me. So, if it's true, a driver under 21 has gotta be extra careful!

True indeed, and when you consider that your average eleven year old driver rarely weighs more than 80 lbs, the effects of drinking and driving are compounded:eek:

It's possible to get a BUI in my state. The code is written so that the DUI statute covers cyclists. Most states are that way.

Washington is an exception, I know. As someone mentioned earlier, there was a guy who litigated all the way to the WSSC. He was on a bike, and drunk, but claimed there was no law against BUI. The Court ruled in his favor. The statute is ambiguous in WA between "motor vehicle" and "vehicle" so the ambiguity had to be resolved in the guy's favor.

In my neck of the woods, a cyclist is subject to the same penalties for BUI as for DUI. Not only that, but the same penalties for refusing to take the blood test apply. You could lose your license for a year for refusing to take a blood/breath/urine test on a bike.

In reality, cops ignore bicycles here. Some of the more glorious riding moments I've had in recent months have come from riding along a checkpoint line. Cars lined up as if it were judgment day, and I rolling along on the right. The cops didn't care at all about me. As long as I wasn't visibly losing control of the bike I could drink all I want, I suppose, and not worry about being snagged.

Originally posted by trmcgeehan
Two beers or two glasses of wine can put many people over the 0.02 limit (especially smaller women). This is news to me.

Actually, 2 drinks (wine/beer) - even consumed over a period of AN HOUR, can put a relatively light female @ the .10 level. Even if you are a 160 pound male - 3 drinks in a hour will put you over the legal limit in most states @ .08.

Check it out:

BAC Table (http://www.factsontap.org/yourbody/BALtable.htm)

My wife and I have adopted a new rule for our family. If we go out to eat, a party, whatever. One of us drinks the other drives. This rule is specifically amended when visiting each others parents. If we are visiting her parents, I get to drink, and vice versa.

We've pretty much given up drinking altogether, no real reason. I guess maturity and sense of responsibility. However, an occasional beer or glass of wine is not unheard of.

However, with my size and weight, two drinks during a meal will still keep me safely below the .080, but why risk it?

If you drink have someone else drive. If you want to do so while on a bicycle, buy a tandemn!

L8R

Here in Florida, many people get their licenses revoked for DUI and they bicycle instead. Often drunk, at night without lights. I have never heard of anyone being ticketed for DUI. I think the police figure that pulling over cyclists is beneath their dignity (maybe like small fish, they are not "keepers"). Or perhaps they figure that the words "drunken cyclist" are spelled R O A D K I L L.

Personally, given the fact that cycling requires far more balance, awareness and energy then driving, I don't think CUI (cycling under the influence) will ever be a significant problem.

Both Oregon and California hold cyclists to the same rules as auto drivers when considering DUI.

Originally posted by trmcgeehan
The question is, if I had ridden into the trap on a bike, would I have been charged just as if I was driving a car?
The best place to be after a few drinks is on the couch, or in bed.

Stay off the road, whether on a bike or in a car.

Just my 2cents, from someone who's been there.

Originally posted by P. B. Walker
Most states have a DIP law. Most of the time it's just a fine that you can pre-pay if you are willing to just plead no-contest. Course I'm sure there are variations per state.

I think you will find that most states have repealed DIP laws just so people had other options beside hoping in there cars. Now I am not untarnished in this mater I have been through the ordeal here in Washington and in my opinion I just do no understand why you would want to ride a bike so you can get around be responsible for what you do. My vote is next time instead of driving or riding get a designated driver or a taxi it is cheaper in the long run. Total cost for my oops here by the time I was done (this include legal fees and loss of pay for time spent on it ) was $5800 that was one heck of an expensive pitcher of beer. I now have pretty much a zero tolerance to it when it comes to me. It was not right for me to do it because I could of put other people in harms way.


you can drink and ride in seattle.

pnj I was part of that discussion a while back and never did get back and post what I found out. Because of that case the law was changed to operating any vehicle under the influence and that means a cycle and it is still a vehicle when it is on a sidewalk however I think you would have to be pretty messed up and an obvious safety threat for that to happen


Law or not, I can certainly say that I wouldn't want any part of riding under the influence of alcohol or anything else. I think that is one fast way to become an example of Darwin's theories of natural selection.

Hey Chris cleansing the gene pool through natural process is not necessarily a bad thing. :) have a good weekend

Don't do it in Indian Harbour Beach, Florida. Also, don't even think of getting behind the wheel of a motor vehicle after a drink or two. One of their police force was killed by a drunk driver a few years ago and they are very aggressive in their pursuit - they even keep decals on their vehicles that show how many they have busted. The decals are in the shape of martini glasses.