cdonges

This in my local newspaper.

https://www.thechronicle.com.au/news/...e-man/1936184/

Seems a bit harsh to me.

jon c. 

I had always heard Australia was tough on driving while intoxicated, but I didn't realize that extended to anything with wheels.

dynodonn 

In my locale, the fine might be on par, but one's motor vehicle driving privileges are unaffected. I'm curious to what the penalty would have been if it had been someone who didn't have a license in the first place.

spivonious

I know that in PA, DUI covers any vehicle. I've seen stories of people arrested while driving lawn mowers, power wheelchairs, and bicycles while drunk.

In all cases, points go on your license and it may be suspended, even though you weren't doing anything that required a driver's license. I agree with that, as driving drunk shows very poor judgement.

Wanderer

In IL, you can be arrested for DUI on a lawnmower, if on public right of way...... Punishment is then up to the judge................

Booger1

In California,it'll cost you $10,000....Same as if you were driving a car.

dynodonn 

Really, I just checked it out earlier and the base fine is 250 dollars(not including county and local fees] and does not affect one's driving or insurance record. Drunken in public carries a harsher penalty.

Chris516

Ouch

Darth Lefty 

What if you don't have a license to suspend or get points on? Hypothetically.

Brandonub

That's a really high BAC. It makes me question the individual's judgment and think suspending his license is probably a good idea. It does seem a bit odd to have laws that will inherently come down harder on people with car licenses, but it also seems appropriate.

prathmann

Yes, California has a separate section in the vehicle code for bicycling under the influence which specifies the maximum base fine of $250 and no impact on driving record or insurance. Seems like a sensible approach. While bicycling when intoxicated isn't a good idea, I'd much rather have someone choose to bicycle to a bar instead of driving if they think they might be over the limit on the way home.

The reason for the harsh penalties for DUI is because of the high risk that the driver will harm others. A bicyclist under the influence is much less of a threat to others and should be subject to a corresponding lesser penalty.

dougmc

Don't forget the case of the guy who got a DWI while *walking* his bicycle *in his front yard* in Ohio.

Texas DWI law explicitly says that it only applies to motor vehicles --

Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

... which is reasonable enough, but but then veers into la-la land --

TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES
Sec. 49.01. DEFINITIONS. In this chapter:
...
(3) "Motor vehicle" has the meaning assigned by Section 32.34(a).

Sec. 32.34. FRAUDULENT TRANSFER OF A MOTOR VEHICLE. (a) In this section: (2) "Motor vehicle" means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks.

... so for DWI purposes, a bicycle is a motor vehicle and you can get a DWI while riding a bicycle. (The two cowboys arrested for DWI while riding a horse had the charges reduced, as a horse was deemed not to be a device.)

That said, the police usually just give drunken cyclists a public intoxication charge rather than a DWI, at least in Austin. So there's that.

Booger1

That $250 looks great on paper.... Doesn't effect your driving record but it effects everything else.

Don't forget your bail cost(Unless you want to stay in jail until your court date)

And your impound fees (You want your car or bike back,right?)

And your insurance is going to double for a few years

And court fees of around $1500(Min.)

and legal fees for court(you are getting a lawyer I hope)

and your going to drunk school for a year(another couple grand)

It's going to cost you about $10,000 in California for your first DUI......trust me.If you fight it in court it could double or triple in cost.

prathmann

In California it's a 'BUI', not 'DUI' since those are separate and distinct violations covered by different sections of the vehicle code. Since a BUI doesn't affect your driving record it also has no effect on your auto insurance rate since your insurance company should never hear nor care about it. And I have no idea why anyone who is guilty of a BUI would choose to spend your hypothesized thousands of dollars for lawyers and assorted legal fees for taking the issue to court instead of just paying the fine.

dynodonn 

Not so, since a bicycle is not considered a "vehicle" when it comes to a California CUI, no drunk driving school involved, no insurance increases, and one only stays long enough in jail to sober up, which is only for a few hours.