Medically Reviewed by Annamarie Coy, BA, ICPR, MATS
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Yes. Many states charge people on bikes with driving under the influence (DUI) if they ride while intoxicated on drugs or alcohol.
California is one of the strictest states for DUI penalties. It considers bikes as motor vehicles. This means general DUI laws apply to cyclists.
In all states, law enforcement can stop you on suspicion of DUI. This doesn’t guarantee a DUI arrest or that you’ll be charged with a crime. Law enforcement can also stop you if they notice symptoms of intoxication.
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DUI is short for driving under the influence of drugs or alcohol. Some states call it driving while intoxicated (DWI), but it’s the same concept.
Laws regarding what qualifies as DUI or DWI vary from state to state. The maximum blood alcohol content (BAC) or drug content level allowed while operating a motor vehicle in any state is .08 percent. Some states have a lower legal BAC. This means someone can have fewer drinks and still be charged with DUI.
When law enforcement notices signs of intoxication, they can stop you and perform field tests to prove intoxication levels. If your BAC test result is over .08 or above, they can still charge you with a DUI, even if you have no physical signs of intoxication.
Even if a state does not allow the filing of DUI charges, they can stop you from riding if they believe it’s unsafe or if you are violating traffic laws. Common alternative charges include public intoxication, endangerment, or something similar if DUI isn’t an option.
Some states have tried to implement separate cycling DUI laws. But at the moment, drunk cycling is treated criminally as a DUI or non-criminally as a safety issue. In the latter case, someone can’t be charged with a crime.
Instead, law enforcement might:
State | Can You Get a DUI While Riding a Bike? |
---|---|
Alabama | Yes |
Alaska | No |
Arizona | No |
Arkansas | No |
California | No. However, California has other laws that make it illegal to ride a bike while under the influence. It might not result in a DUI charge, but it could get you into trouble. |
Colorado | Yes |
Connecticut | Yes |
Delaware | No. However, it’s illegal to ride a bike on the road while intoxicated if it creates a hazard. |
District of Columbia | Yes |
Florida | Yes |
Georgia | Yes |
Hawaii | Yes |
Idaho | Yes |
Illinois | No |
Indiana | Yes |
Iowa | No |
Kansas | No |
Kentucky | No. However, the law prohibits intoxicated people from operating non-motorized vehicles. |
Louisiana | No (Court-ruled) |
Maine | No |
Maryland | Yes |
Massachusetts | No |
Michigan | No |
Minnesota | No |
Mississippi | Yes |
Missouri | No |
Montana | No |
Nebraska | No |
Nevada | No |
New Hampshire | Yes |
New Jersey | No |
New Mexico | No |
New York | No |
North Carolina | Yes |
North Dakota | Yes |
Ohio | Yes |
Oklahoma | No |
Oregon | Yes |
Pennsylvania | Yes |
Rhode Island | Yes |
South Carolina | No |
South Dakota | Yes and even specifies bikes |
Tennessee | No |
Texas | Technically, yes. However, it’s rarely charged. |
Utah | Yes, but it’s rarely enforced. |
Vermont | No |
Virginia | No |
Washington | No. According to a court ruling, law enforcement can offer to take an intoxicated cyclist to a safe location and/or impound their bike if there’s a danger to the public. You can retrieve your bike later for free. |
West Virginia | No |
Wisconsin | No |
Wyoming | Yes |
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You should behave as you would driving a car if you get pulled over while drunk cycling. This is especially true if you are unsure of the laws regarding cycling and DUI laws in your state. Here are some things you can do if you get pulled over:
Most cyclists suspected of impairment undergo the same process and roadside testing as motor vehicle drivers. This includes field sobriety testing and questioning.
Know you have the legal right to refuse a field sobriety test. But you might be required to undergo a blood test.
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What occurs following a cycling DUI varies from state to state. In some cases, you won’t even face DUI charges.
Law enforcement will escort you to a safe location to prevent you from harming yourself or other people. Your bike could be confiscated and later retrieved, but no criminal charges will occur.
In states that permit cycling DUI, a variety of consequences are possible. These include:
Factors affecting the severity of penalties associated with cycling DUIs include:
The more severe standard DUI laws are in a state, the more severe the penalties for cycling DUIs are. This is because they fall under the same umbrella in certain states.
Although it can vary in some states, a DUI remains on your driving record for 5 to 10 years or more. In states that treat bikes the same as other vehicles, a cycling DUI could remain on your driving record indefinitely. On the other hand, a conviction for a DUI while driving a motor vehicle remains on your criminal record indefinitely.
Driving and criminal records are different. A driving record includes criminal and non-criminal moving and non-moving violations. Meanwhile, a criminal record includes only criminal misdemeanor and felony offenses.
There is sometimes overlap, which is the case with DUI. However, a violation such as failing to stop at a stop sign would be on your driving record, not your criminal record.
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