Can you get a DUI on a bike? A defense lawyer explains

Whether you can get a DUI on a bike depends on the law of your state. Each state has its own law for driving under the influence (DUI). Some forbid operating a “motor vehicle” while under the influence of alcohol. Others forbid being under the influence and operating a “vehicle.” If you live in a state that covers all vehicles, then you might get a DUI on a bike.

What states prohibit driving a motor vehicle while under the influence?

A little under half of the states in the U.S. have DUI laws that only apply to “motor vehicles.” A few examples are:

1. Alaska,
2. Massachusetts,
3. Minnesota,
4. Nebraska,
5. New Jersey,
6. New York,
7. Texas,
8. Virginia, and
9. Wisconsin ^[1]

In these states, you cannot get a DUI on a typical bike because it does not have a motor.

What state DWI or DUI laws cover all vehicles?

Over half of the states in the U.S. have state DUI laws that cover driving or operating a “vehicle.” A few examples are:

1. Arizona,
2. Colorado,
3. Florida,
4. Georgia,
5. Illinois,
6. Michigan,
7. Nevada,
8. New Mexico,
9. Oregon,
10. Utah, and
11. Washington [2]

In these states, whether a bicycle is a “vehicle” under the DUI law falls to either the:

• state legislature, which can define the word elsewhere in the law, or
• state court.

In most cases, the outcome has been that bicycles are not “vehicles” for the purposes of driving under the influence. For example, in Arizona, the definitions section of the law states that the word “vehicle” does not include “devices moved by human power.”[3] In Louisiana, the state supreme court ruled that bikes were not a “motor vehicle… or other means of conveyance.”[4] In these states, you cannot get a DUI on a bike.

However, there are exceptions. In the following jurisdictions, courts or the state legislature have determined that bicycles are “vehicles” so you can get a DUI while riding a bike:

1. District of Columbia,[5]
2. Florida,[6]
3. Georgia,[7]
4. North Dakota,[8]
5. Ohio,[9]
6. Oregon,[10] and
7. Pennsylvania [11]

Do any states have DUI laws specifically for bicycles?

A couple of states have passed laws that explicitly govern biking while intoxicated. Generally, these laws impose penalties for drunk biking. However, the penalties are far less severe because you are unlikely to cause serious injuries to other people. Some of these states are:

1. California,[12]
2. Delaware,[13]
3. Utah,[14] and
4. Washington [15]

For example, California has a cycling under the influence statute that makes this a misdemeanor crime. The elements of the offense are:

1. you rode a bicycle,
2. you were on a public roadway, and
3. while riding the bike, you were under the influence of a controlled substance, alcohol, or both.[16]

A conviction carries a fine of up to $250, but no jail time.

In Washington, though, there are no penalties for biking while drunk. The law allows police officers to help drunk bikers if they want it.^[17]

What if I was using a motorized bicycle or e-bike?

Bikes with motors, such electric bikes or e-bikes, are novel enough that state laws are unlikely to have clear rules. However, the presence of the motor probably makes them more likely to be considered a “motor vehicle” that triggers your state’s DUI law.

The best way to know for sure is to establish an attorney-client relationship with a DUI defense lawyer from a reputable law firm in your state.

This is particularly important for people who have lost their driver’s license to a DUI conviction and turned to e-bikes to get around. You must know whether you could face DUI charges for drinking and riding an e-bike. This would be a subsequent DUI offense that would carry higher DUI penalties than the DUI case that led to your license suspension.

Can I face any other criminal charges for biking under the influence?

Even if you cannot face DUI charges for biking while under the influence, that does not mean you cannot get arrested and charged with other criminal offenses. Examples of other criminal charges that a cyclist could face for being drunk on a bike include:

• public intoxication,
• disorderly conduct,
• child endangerment, and/or
• disturbing the peace.

Are there any legal defenses that I can raise?

If you have been charged with a bicycle DUI or a full-fledged DUI for drunk driving, there are several legal defenses that you can raise. 2 of the most common are:

1. the police officer did not have probable cause to believe that you were breaking any traffic laws when he or she stopped you, and
2. you were not “under the influence” of alcohol during your DUI arrest.

Proving that you were not under the influence of alcohol generally requires showing that:

• your blood alcohol concentration (BAC) was not at or above the legal limit according to the breath test or blood test and that other indicators of your impairment do not prove the case beyond a reasonable doubt,
• the breathalyzer was not calibrated correctly or did not work properly, and/or
• the field sobriety tests were improperly administered or flawed.

Hiring an experienced DUI lawyer or criminal defense attorney is the best way to raise the right defense for your circumstances.

Legal References:

[1] For full list, see The League of American Bicyclists, “Bicycling Under the Influence.”

[2] Same.

[3] Arizona Revised Code 28-101(87).

[4] State v. Carr, 761 So.2d 1271 (La. 2000).

[5] Everton v. DC, 993 A.2d 595 (2010).

[6] State v. Howard, 510 So.2d 612 (1987).

[7] Georgia Code 40-6-291 and 40-6-391.

[8] Lincoln v. Johnston, 818 N.W.2d 778 (2012).

[9] Ohio v. Hilderbrand, 40 Ohio App.3d 42 (1987).

[10] State v. Woodruff, 726 P.2d 396 (1986).

[11] Commonwealth v. Brown, 423 Pa. Superior Ct. 264 (1993).

[12] California Vehicle Code 21200.5 VC.

[13] 21 Delaware Code 4198J.

[14] Utah Code 41-6a-1102.

[15] Revised Code of Washington 46.61.790.

[16] California Vehicle Code 21200.5 VC.

[17] Revised Code of Washington 46.61.790.