There has been a debate and a bet amognst my friends over the topic of biking under the influence. Is it illegal to ride a bicycle home from the bar after a long night of drinking? Does anyone know the origin of this law? I need a website or some other documentation to settle the bet! any help is appreciated.
From the Illionois Vehicle code
So assuming you were dumb enough to ride a bike drunk it’s a regular DUI/DWI. If you’re a road user, you have to obey traffic laws. No great mystery.
And a nice first post. Welcome!
In NY state it is.
Section 1231 of Article 34 “OPERATION OF BICYCLES AND PLAY DEVICES” of Vehicle & Traffic laws states:
Which means that bicyclsts and skaters are subject to the same traffic laws that motorized vehicles are.
If you live in a state other than NY or IL, all the other state laws can be found here.
Can’t help much with a website but if you are operating anything that is self propelled, that is DUI. Even a lawnmower. On a bicycle I don’t think you’ll get a DUI but you can get a drunk in public charge. This could vary among areas as I know that many cities at least, not long ago, were pushing for bicycles to be added to the list for DUI.
My dad is a cop, my FIL is a retired cop, and I know a lot of cops around the country and to get a drunk in public charge, generally the standard rule is if you are causing a disturbance (which can be as little as singing on the street at midnight) or are inherently in danger of injuring yourself, you’ll spend the night in the tank. All of the ones I know tell me that if they stop you while walking home (and in my last city) riding a bike, there was a reason. They noticed you were most likely tuned. At that point it becomes a judgement call, which is usually based on your level of drunkeness and your attitude. The mean drunk winds up in the tank, because he is more liable to throw a rock through a window. The nice drunk generally will be given a ride home.
Personally, when drunk, I have enough trouble walking, let alone riding a bicycle.
Someone with a better computer may be able to do some good searching and shed better light on IL law or Chi-town ordinances though.
About fifteen years ago I called the cops once to check because I was riding my bike home regularly late at night from some pretty hearty partying and they told me you need a motor to get an impaired driving charge but they’d gladly charge me with public intoxication given the opportunity. This was in Canada though.
I have got a 5 inch vertical scar going up my forehead as a result of crashing while on a bike riding under the influence.
Whilst I don’t spend time worrying about the scar (and women don’t seem to find it a turn-off), it is a shame because I’m quite good looking apart from the scar.
I was extremely drunk at the time and the last thing I remember is I was trying to slalom around some traffic cones. The next thing I remember is that I was picking myself up off the floor having been unconscious for some time. I put my hand to my head and then looked at my hand, it was red.
Blood was pouring out of my head.
I must have hit a kerb or something and gone over the handlebars of the bike. Then my body must have dived downwards so that my head hit the pavement (sidewalk).
Then I was knocked unconscious.
I have a very hard head so I was able to get my act together sufficiently to telephone an ambulance. But to be honest, I should be dead.
Please don’t ever cycle while under the influence or without wearing a helmet.
Public intox maybey, (with a dick head cop) (or a REALLY drunk rider)
Now, ** When you sign your “liscense” you agree to follow all of their little rules and regulations. * in return you are granted a “driving privilege” * YOU ARE NOT UNDER CONTRACT WITH ANYONE WHEN YOU RIDE YOUR BIKE (arguable if you have a liscence, however I feel the same principle applies.) [/b}
= DO NOT SIGN THOSE TICKETS!!!
Key being ** Highway ** . (still unimposible due to the “contract” aspect of the liscense agreement.
I have, on several occassions, passed bikers who seemed to be very much ‘under the influence’.
They were going verrrrrrrrrry slowly but were extremely uneven. These weren’t bike commuters in my sense, nor standard cyclists out for a ride, but people who I deeply suspect were on these ratty bikes becuase their drivers license was suspended or revoked.
If they have the body language of a kid trying to ride his bike for the first time, on smooth, even pavement I take that as a hint. OK, the stench of gin was a bit of a hint too.
non-applicable.=unimposeable
I would suppose that the general rule for most states is similar to that of California. It is not legal to be drunk in public to the point where you are a danger to yourself or others. That includes walking, crawling or even just sitting there.
I recently rode a bicycle very drunk, it was a lot more dificult than I imagined.
A question I would have is that if it is legal to ride your bike on the footpath (which it is in Darwin, Australia) and you are riding on the footpath, can you still be done for DUI? Even if you could I suppose it would be unlikely to be pulled up by a police oficer unless you were acting unusually.
Still, far to scary for me to want to do again.
Back when I was a bike courier, we used to go for a few beers after work fridays, and the rule was always that if you couldn’t trackstand, you were too drunk to ride. This, of course, would rule out a lot more people in other circles than it did in ours.
I can’t name any cites but I’m sure there are some. The drunkeness of the bicycle rider would have a big factor in the outcome of litigation involving personal injury and/or property damage caused by or to said rider.
All roads are highways. Traffic laws aren’t limited to limited access highways. Any road that is not a private road or a driveway is considered a highway. I learned this as a teenager when I called the local police for info:
Me: I need to get my car registered. Can I drive it to the DMV?
Cop: You can’t drive any unregistered vehicles on a highway.
Me: I can take backroads all the way there.
Cop: All roads are highways. Find someone to give you a ride.
In my defense, I was 16.
That license argument doesn’t sound like it holds water. I mean, if I don’t have a license, I haven’t entered into the contract. But if I drive a car, they can still charge me with any traffic violations I commit.
A bicycle is a vehicle. By the letter of the law, it is no different than a car. Where the rules become different is when you are riding on a bike path, because a bike path is not a highway.
Cop: Sir, you were drove through that school zone at 150mph in that Ferrarri.
Me: Don’t matter: I don’t have a license. Now let me finish this pint of vodka and leave me alone.
Being on the highway is to consent to Highway laws.
The fact that cyclists are rarely charged with DWI is that cops have better things to do. Drunk cyclists are a much greater danger to themselves than to other road users, so a friendly “You’d better walk home from here Sir” is much easier for everyone to deal with.
Okay, I’m clear on the fact that you must abide by certain laws to be able to ride your bike on the road… well what about sidewalks? It’s illegal to drive your car on the sidewalk so it is not considered a road… could I drunkenly ride my bike home on sidewalks… legally?
At the University of California, Davis, bicycling is the normal mode of transportation (the center of campus doesn’t allow motor vehicles). Since it’s a college town, there’s actually quite a few people who do bike under the influence. It’s possible to get a citation for it, and it can affect driving privileges (though I don’t think it carries the same penalties of a DUI).
No one I knew ever got a BUI citation from the city police (though they were warned). Campus police have a much stricter policy, especially since it’s a dry campus; bicycle registration is also a requirement to operate a bike on campus, so you are submitting to someone’s rules there.
It’s been my understanding that you’re not supposed to bicycle on sidewalks, so I highly doubt it.