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Thread: Bike DUI?

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    nme
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    Bike DUI?

    Can you get a DUI for riding a bicycle drunk? What if you dont have a license?

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    Lost in Los Angeles Bizurke's Avatar
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    I think that depends on the state. But for the most part I would say yes. in Iowa it's OWI (Operating While Intoxicated) and it covers ANY vehicle of ANY type. I've heard of people getting them on skateboards, bikes, scooters, and all that stuff. Generally from what I've learned you get a public intox charge instead. Depends on how you deal with it I think.

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    Mooninite shakeNbake's Avatar
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    You certainly can in Cali.

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    nme
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    So what if you dont have a valid drivers license? Do they take away your library card?

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    going downhill fast maximusvt's Avatar
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    BO, that's a pretty interesting article...
    I have a friend who got thrown in the drunk tank for WALKING around drunk. Apparently the officer said "how do I know you aren't walking to your car?"
    Where I live, you get a $50 ticket or something for riding your bike drunk, so I hear.

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    Quote Originally Posted by nme
    So what if you dont have a valid drivers license? Do they take away your library card?
    No, but they bend you over and **** you with fines anyway. I know a couple people that got busted for DUI on their bikes. DUI's a cash-cow in Cali, the state makes over $2000 per offence with court fines and mandatory classes (also state-owned and run).

    Where I am, the cops really don't have anything to do other than break up drunken loud parties on weekends. So they stake out the clubs and pubs, but not the bars... They'll wait and watch and catch someone walking to their car and hopping in then busting them for DUI when they start the car. There are tonnes of random DUI checkpoints where everyone is inspected on the way to the freeway.

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    Been Around Awhile I-Like-To-Bike's Avatar
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    Quote Originally Posted by Bizurke
    I've heard of people getting them on skateboards, bikes, scooters, and all that stuff.
    Any of that stuff you heard about DUIs given to non motorized people come from anyone in Iowa with actual knowledge of the particulars? Public intoxication is a charge that is independent of mode of transport.
    Last edited by I-Like-To-Bike; 06-28-06 at 03:44 PM.

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    Quote Originally Posted by maximusvt
    BO, that's a pretty interesting article...
    I have a friend who got thrown in the drunk tank for WALKING around drunk. Apparently the officer said "how do I know you aren't walking to your car?"
    Where I live, you get a $50 ticket or something for riding your bike drunk, so I hear.
    Public intoxication is an offense different than operating a vehicle while intoxicated. I am no lawyer but i am pretty sure it is illegal. Seems pretty stupid that it is. Wouldn't the world be much better off if every drunk hopped on a bike instead of into a car, when they are drunk?

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    Listen to me powers2b's Avatar
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    Yes, said the man of experience.
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    going downhill fast maximusvt's Avatar
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    Quote Originally Posted by Portis
    Wouldn't the world be much better off if every drunk hopped on a bike instead of into a car, when they are drunk?
    Heh, those drunks certainly wouldn't be better off.
    I biked drunk across town once a few years ago... The first time I got on the bike I drove it straight into the ground. Somehow I got back up and did it again and managed to stay on. Surprised I made it at all. It's pretty damn difficult and dangerous.

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    Been Around Awhile I-Like-To-Bike's Avatar
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    Quote Originally Posted by maximusvt
    Heh, those drunks certainly wouldn't be better off.
    Care to rethink that answer? Do you really believe people under the influence of acohol are better off driving an automobile rather than a bicycle?

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    The drunk could be safer. The rest of us...
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    Mooninite shakeNbake's Avatar
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    There is a ride here in LA once a month, they go bar-hopping on bike.

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    Lost in Los Angeles Bizurke's Avatar
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    Quote Originally Posted by nme
    So what if you dont have a valid drivers license? Do they take away your library card?
    Here you would get $1000 fine, 2 days jail, a rehab program, and +6mo where you couldn't get a license if you wanted to.

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    Team Katana 古強者死神's Avatar
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    In Florida DUI on a bicycle is the exact same as with a car, same penalty, same fines, same everything.

    If you dont have a licence I dont think there will be a penalty for that except that they will definitly make it so that you cant GET one for a very long time, also they might hit you for not having a valid ID if you dont atleast have a photo ID on you.

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    Senior Member mechBgon's Avatar
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    In Washington, the state laws are rather interesting and probably a bit too lenient IMHO:

    http://apps.leg.wa.gov/RCW/default.aspx?cite=46.61.790

    (1) A law enforcement officer may offer to transport a bicycle rider who appears to be under the influence of alcohol or any drug and who is walking or moving along or within the right of way of a public roadway, unless the bicycle rider is to be taken into protective custody under RCW 70.96A.120. The law enforcement officer offering to transport an intoxicated bicycle rider under this section shall:

    (a) Transport the intoxicated bicycle rider to a safe place; or

    (b) Release the intoxicated bicycle rider to a competent person.

    (2) The law enforcement officer shall not provide the assistance offered if the bicycle rider refuses to accept it. No suit or action may be commenced or prosecuted against the law enforcement officer, law enforcement agency, the state of Washington, or any political subdivision of the state for any act resulting from the refusal of the bicycle rider to accept this assistance.

    (3) The law enforcement officer may impound the bicycle operated by an intoxicated bicycle rider if the officer determines that impoundment is necessary to reduce a threat to public safety, and there are no reasonable alternatives to impoundment. The bicyclist will be given a written notice of when and where the impounded bicycle may be reclaimed. The bicycle may be reclaimed by the bicycle rider when the bicycle rider no longer appears to be intoxicated, or by an individual who can establish ownership of the bicycle. The bicycle must be returned without payment of a fee. If the bicycle is not reclaimed within thirty days, it will be subject to sale or disposal consistent with agency procedures.
    This is basically the same treatment as for an intoxicated pedestrian, except for the part about being able to impound the bicycle. The officer has the option to put the person in detox whether they want to go or not, too.

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    At War With Myself
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    In Virginia the vehicle has to be motorized. Moped yes, bike no. The public intoxication arrest is done for your safety. Basically once a cop sees you stumbling around and does not arrest you and you get hit by a car, the Cop gets sued by your family and wins. Civil Tort laws are out of control.

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    DUI laws are state criminal statutes, so they will vary from state to state. Under PA law, what is suspended is not one's license per se but one's driving privilege--a privilege that exists independent of whether or not you actually have a license. And, in PA too, bikes are vehicles for DUI purposes.

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    Been Around Awhile I-Like-To-Bike's Avatar
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    Quote Originally Posted by Bizurke
    Here you would get $1000 fine, 2 days jail, a rehab program, and +6mo where you couldn't get a license if you wanted to.
    Where is "here" and on what charge if the intoxicated offender is not in/on a motorized vehice? Public intoxication, DUI, something else? What BAC is required on a bicycle to get a $1000 fine and rehab program? Facts please.

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    Crankenstein bmclaughlin807's Avatar
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    The military will pick you up for DUI on a bicycle if you're riding it on base. It's not quite the same as a DUI out in town, as it doesn't affect your driving priviledges in general, but they can and will suspend your right to operate a motor vehicle on a base. (Mostly means that you can't get a base sticker for a vehicle that's registered to you, if you drive someone else's car, they won't know unless they actually stop you for something and run your ID)

    On the other hand, the only person that I know of personally that this happened to fell over in the street in front of the MP's. TWICE.
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    Strangely enough, I can ride a perfecty straight line when I'm so pissed, I can't even walk!

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    Senior Member Tree Trunk's Avatar
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    Quote Originally Posted by Bizurke
    I think that depends on the state. But for the most part I would say yes. in Iowa it's OWI (Operating While Intoxicated) and it covers ANY vehicle of ANY type. I've heard of people getting them on skateboards, bikes, scooters, and all that stuff. Generally from what I've learned you get a public intox charge instead. Depends on how you deal with it I think.
    I guess the police turn their heads during RAGBRAI?
    There have to be bicycles in heaven!

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    As of today it is no longer illegal to ride a bicycle or a horse while under the influence in South Dakota.
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    Been Around Awhile I-Like-To-Bike's Avatar
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    Quote Originally Posted by Bizurke
    In Iowa it's OWI (Operating While Intoxicated) and it covers ANY vehicle of ANY type. I've heard of people getting them on skateboards, bikes, scooters, and all that stuff. Generally from what I've learned you get a public intox charge instead. Depends on how you deal with it I think.
    Quote Originally Posted by Tree Trunk
    I guess the police turn their heads during RAGBRAI?
    I would guess the police haven't learned what Bizurke has learned. Or maybe they have a different code book than the one Bizurke has learned.

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