jediphobic

Personally, I'd much rather someone ride drunk than drive drunk. But that doesn't mean I want carte blanche for cyclists.

You can't reasonably distinguish crimes based on potential harm. For example, I shouldn't get a stiffer sentence for driving a pickup truck to rob somebody's house with, than for driving a compact car. The amount of stuff I could have stolen shouldn't enter into it.

I agree with you in spirit, that bicycles are less dangerous than cars, and should be regulated differently. However, I can't think of a way to reasonably distinguish between the two as long as they use the same facilities. If we have all the same rights, then we have all the same responsibilities.

Seattle Forrest

I said

and the reply was:

... and this really isn't applicable because driving while intoxicated ( or under the influence - same thing ) is a different, lesser crime than actually hitting someone as a result of DUI/DWI. The crime in driving when you shouldn't be is that you might hit someone; actually fulfilling that danger is a different crime. That's why the DWI laws are separate from the (vehicular) manslaughter laws.

So, yes, cycling while intoxicated should be a less severe crime than driving while intoxicated, because the risk is lower. If a cyclist hits and kills a person and is at fault, they should be charged for it - whether they were drunk or not.

That's already how drivers of cars are treated under law. The one and only difference is that when no one is killed, so I don't see the point of arguing about that.

zac

See this is a public policy issue.

It would be very easy to exempt bicycles from OUI/DWI statutes. It just takes the will of the state legislature to do so.

Many if not most states, limit OUI/DWI to "motor vehicles," and some of certain size...for instance smaller motorized scooters are sometimes excluded, or technically, not included within the definition of a "motor vehicle."

But some states do not distinguish, and cover all vehicles under their OUI/DWI statutes. Other times, if it is unclear, the Court with review the legislative process to determine meaning. However in those cases the uncertainty should go in favor of the immediate defendant, but perhaps not for ones to follow.

HTH
zac

Chris516

Sounds like he just graduated to be able to use another form of transportation, only potentially deadly.