In every state, it is illegal to operate a motor vehicle while under the influence of drugs or alcohol, but in some states it is also illegal to operate a bicycle while under the influence. Because each state has different DUI language in their statutes, the laws regarding bicycle DUI differ with each state as well.

Bicycle Specific DUI Laws

According to Bikeleague.org, an organization that promotes bicycle safety throughout the United States, bike DUI laws differ from motor vehicle DUI laws in that they have less severe penalties and may not affect the person’s driver’s license. Some states have no specific bicycle DUI laws, but police may use public intoxication statutes in cases where someone is operating a bicycle under the influence of drugs or alcohol.

Bicycle as Vehicle

Currently, there are 32 states that consider a bicycle a vehicle, yet many of those states have wording in their DUI statute that makes bicycle operators exempt from DUI statutes. Other states do not exempt bicycle operators from DUI convictions, and many of those have statutes in place specifically for DUI on Bike offenders. In other states, case law has set precedence that determines whether a person operating a bicycle may be charged with a bicycle DUI (http://www.bikeleague.org/sites/lab.huang.radicaldesigns.org/files/bui_full-chart.pdf).

Importance of Bicycle DUI Laws

In a study conducted in Portland, Oregon, 15 percent of adult cyclists killed or injured badly enough to need hospitalization had elevated blood alcohol contents, and nearly half of those whose injuries were fatal were considered legally intoxicated. An Austin, Texas study found that of 200 injured cyclists, 40 had elevated blood alcohol content or at least reported they had consumed alcohol. To add to the problem, in the Austin study, only one intoxicated rider was wearing a helmet, compared to 44 percent who were not intoxicated. This indicates that not only are intoxicated cyclists more likely to be injured, but engage in other unsafe practices, such as not wearing a helmet. Larger percentages were also riding at night or in the rain, compared to non-intoxicated cyclists (http://www.bikeleague.org/content/bike-law-university-riding-under-influence).

States with Bicycle DUI Laws

Four states currently have statutes specifically for a bike DUI, while five states have statutes that specifically exempt operators from being charged with a bicycle DUI. In other states, the language of the law is unclear regarding whether someone who is under the influence may be charged with a DUI while operating a bicycle. In those states, it is more likely that a person who is under the influence of drugs or alcohol would be charged with public intoxication or disorderly conduct as opposed to a bicycle DUI. However, even in states where there is no clear language, bicycle riders have been charged with a bike DUI and been convicted of the crime (http://www.bikeleague.org/content/bike-law-university-riding-under-influence).

Because DUI on a bike statutes differ from state-to-state, bicycle riders must review the laws in their own state in order to avoid the possibility of a criminal charge for bicycle DUI. If you or someone you love has been charged with a bike DUI, it is critical to discuss the case with a qualified, experienced attorney to learn what rights you may have. Contact us online or by telephone today to set up a consultation with an attorney who can advise you of the bicycle DUI laws and what steps should be taken.