# Biking under the influence? **URL:** \ **Category:** Factual Questions\ **Created:** [September 3, 2003, 12:06am UTC](https://boards.straightdope.com/t/biking-under-the-influence/199240 "2003-09-03T00:06:35Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![panamajack](https://avatars.discourse-cdn.com/v4/letter/p/47e85d/32.png) [@panamajack](https://boards.straightdope.com/u/panamajack)\ **Post date:** [September 3, 2003, 5:45pm UTC](https://boards.straightdope.com/t/biking-under-the-influence/199240/21 "2003-09-03T17:45:04Z")
In answer to your last question, > [@](#): > > (625 ILCS 5/11-1512) > Sec. 11-1512. Bicycles on sidewalks. > … > © A person propelling a bicycle upon and along a sidewalk, or > across a roadway upon and along a crosswalk, shall have all the > rights and duties applicable to a pedestrian under the same circumstances. > (Source: P.A. 82-132.) So it’s the public drunkenness problem there. Another part of that section mentions that bicycles can be prohibited from certain sidewalks, and I suspect in many places bicycling on the sidewalk is ipso facto illegal (in CA it’s up to the local government; Davis for example prohibits bicycling on sidewalks). ---
**Author:** ![Tapioca\_Dextrin](https://avatars.discourse-cdn.com/v4/letter/t/3d9bf3/32.png) [@Tapioca\_Dextrin](https://boards.straightdope.com/u/Tapioca_Dextrin)\ **Post date:** [September 3, 2003, 6:00pm UTC](https://boards.straightdope.com/t/biking-under-the-influence/199240/22 "2003-09-03T18:00:01Z")
> [@](#): > > (625 ILCS 5/11-1512) > Sec. 11-1512. Bicycles on sidewalks. (a) A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right of way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian. > (b) A person shall not ride a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, where such use of bicycles is prohibited by official traffic-control devices. > © A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances. > (Source: P.A. 82-132.) Looks like you’re on safer ground here, at least legally. Unless you’re doing something like swerving around crashing into lamposts. If you are obviously drunk, then you could be arrested for public intoxication, just like a pedeastrian. Of course, cycling on a sidewalk is itself illegal in many places, it varies from city to city. That’s the legal situtation. Now for something you’re not expecting. Cycling on the sidewalk is _way_ more dangerous than the highway. [http://www.lesberries.co.uk/cycling/infra/research.html](http://www.lesberries.co.uk/cycling/infra/research.html) Take a look at any of the statistics on the page. When you come to an intersection, you’re too drunk to see the oncoming truck. Driver of truck is not expecting a bike to pop out from a sidewalk. Result: his paintwork is scratched and you are dead. And it would be entirely your own fault. ps I cycle over 200 miles a week and don’t own a car, so it’s not like I’m from the pro-car lobby. Conlusion: catch a cab home, or stick to tomato juice. ---
**Author:** ![Tapioca\_Dextrin](https://avatars.discourse-cdn.com/v4/letter/t/3d9bf3/32.png) [@Tapioca\_Dextrin](https://boards.straightdope.com/u/Tapioca_Dextrin)\ **Post date:** [September 3, 2003, 6:02pm UTC](https://boards.straightdope.com/t/biking-under-the-influence/199240/23 "2003-09-03T18:02:32Z")
Conlusion :putz Conclusion ---
**Author:** ![Tapioca\_Dextrin](https://avatars.discourse-cdn.com/v4/letter/t/3d9bf3/32.png) [@Tapioca\_Dextrin](https://boards.straightdope.com/u/Tapioca_Dextrin)\ **Post date:** [September 3, 2003, 6:05pm UTC](https://boards.straightdope.com/t/biking-under-the-influence/199240/24 "2003-09-03T18:05:52Z")
:smack: :smack: ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [September 3, 2003, 6:35pm UTC](https://boards.straightdope.com/t/biking-under-the-influence/199240/25 "2003-09-03T18:35:33Z")
Rather than linking to just a bibliography, [bb]Tapioca\*\*, [this](http://www.bicyclinglife.com/Library/riskfactors.htm) appears to be the particular paper mentioned on that page most relevant to the sidewalk/road safety question. I will note, though, that the only aspect of bicyclist behavior they appear to control for is whether the bicyclist was riding with or against traffic. It seems to me that whether the bicyclist stops at intersections, for instance, would also be relevant. I have a hard time seeing how biking on the sidewalk could be dangerous if the biker always stops at the intersection and confirms that the road is clear before crossing. ---
**Author:** ![Tapioca\_Dextrin](https://avatars.discourse-cdn.com/v4/letter/t/3d9bf3/32.png) [@Tapioca\_Dextrin](https://boards.straightdope.com/u/Tapioca_Dextrin)\ **Post date:** [September 3, 2003, 7:19pm UTC](https://boards.straightdope.com/t/biking-under-the-influence/199240/26 "2003-09-03T19:19:31Z")
> [@](#): > > \*Originally posted by Chronos \* > \*\*It seems to me that whether the bicyclist stops at intersections, for instance, would also be relevant. I have a hard time seeing how biking on the sidewalk could be dangerous if the biker always stops at the intersection and confirms that the road is clear before crossing. \*\* That’s the killer **Chronos**. If the cyclist stops at every single intersection (maybe every 100 yds in a city, not counting driveways). Looks around, waits for the traffic behind to turn right without signalling etc., then there wouldn’t be a problem. There of plenty of numb-nut cyclists out there (as dim as their own non-existent lights) that don’t realise that motorists cannot see them on the sidewalk and just breeze out from the sidewalk and under a bus. Bicycles are less visible than busses, but “hiding” on the sidewalk won’t help at all. Line of sight, for both you and the motorist, at an intersection if you cycle a foot awaay from a brick wall. As for cycling against the flow of traffic? That’s beyond stupid, but I see it every day without fail. Stupid _expletives deleted_ :mad: FTR I don’t drink and ride (at all), I ride on the rode just like any a regular road user, I ride fast and I’m lit up like a Xmas tree at night. ---
**Author:** ![Tapioca\_Dextrin](https://avatars.discourse-cdn.com/v4/letter/t/3d9bf3/32.png) [@Tapioca\_Dextrin](https://boards.straightdope.com/u/Tapioca_Dextrin)\ **Post date:** [September 3, 2003, 8:04pm UTC](https://boards.straightdope.com/t/biking-under-the-influence/199240/27 "2003-09-03T20:04:15Z")
> [@](#): > > \*Originally posted by Chronos \* > \*\*[this](http://www.bicyclinglife.com/Library/riskfactors.htm) appears to be the particular paper mentioned on that page most relevant to the sidewalk/road safety question. \*\* And from a [different part of the same web site](http://www.bicyclinglife.com/Library/Moritz2.htm) > [@](#): > > … you are over 30 times more likely to have an accident on the sidewalk as on the street. Get your bikes off the sidewalk people!! . ---
**Author:** ![ltfire](https://avatars.discourse-cdn.com/v4/letter/l/7ea924/32.png) [@ltfire](https://boards.straightdope.com/u/ltfire)\ **Post date:** [September 3, 2003, 8:57pm UTC](https://boards.straightdope.com/t/biking-under-the-influence/199240/28 "2003-09-03T20:57:31Z")
Who remembers the story of the drunken man who was on horseback, and was sited for DUI? He took it to court and proved that the horse was super familiar with the path they were on, and that the horse would have followed that path to the mans home, even without a rider. The horse wasen’t drunk, ruled the judge, and the man beat the charge. 😃 ---
**Author:** ![spinky](https://avatars.discourse-cdn.com/v4/letter/s/59ef9b/32.png) [@spinky](https://boards.straightdope.com/u/spinky)\ **Post date:** [September 3, 2003, 11:11pm UTC](https://boards.straightdope.com/t/biking-under-the-influence/199240/30 "2003-09-03T23:11:03Z")
> [@](#): > > \*Originally posted by bitchslap \* > To repeat myself. You sign a “contract” when you sign your liscense. You are not under contract with anyone when you ride your bike **hoboonmoto** , **bitchslap** , whoever you are, this argument makes no sense. As has been pointed out, not signing this “contract” doesn’t excuse you from driving a Ferrari at 150mph, so why would it excuse you from any other rule of the road? ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [September 3, 2003, 11:25pm UTC](https://boards.straightdope.com/t/biking-under-the-influence/199240/31 "2003-09-03T23:25:28Z")
Instead of going by panama jack’s misinformation, feel free to go to [University of California-Davis](http://www.ucdavis.edu) and do a search on that site for biking. The search will give you plenty of valid information about biking in the City of Davis as well as at University of California-Davis. As to the problem with biking under the influence being public drunkeness, ignore that misinformation and hie ye to [California Bicycle Laws & Safety](http://www.bikelink.com/law_safety.htm) and scroll down to: > [@](#): > > Bicycle Use. VC 21200 > > Every person riding a bicycle upon a street or highway has all the rights and is subject to all the duties applicable to the driver of a vehicle, including the provisions of law dealing with _ **driving under the influence of alcoholic beverages or drugs** _, except those provisions which by their very nature can have no application. The **bolding** , underlining, and _italicizing_ in that quote are mine. The problem is not public drunkeness–it is, by law, DUI. As to the center of campus not allowing motor vehicles: Feel free to check with [the Campus Police Department (a real police force)](http://police.ucdavis.edu/) and they’ll let you know which motor vehicles besides emergency vehicles are allowed beyond the barrier gates. As to the City of Davis not allowing bicycling on the sidewalks: feel free to check [the city government’s very own information](http://www.city.davis.ca.us/topic/bicycles.cfm): > [@](#): > > Bicycling on sidewalks is discouraged for all but small children in residential areas. It is prohibeted by ordinance in the downtown Davis central traffic district and on the University _ **except in those few areas where no parallel roadway or bike path exists.** _ The **bolding** , underlining, and _italicizing_ in that quote are mine. As for the penalties: The California Vehicle Code (cited above) considers biking under the influence to be DUI; therefore, you’re in the same creek if you get caught doing it. It took me less than fifteen minutes to get this information from all four sites–and that includes the time it took for the pdf to download so I wouldn’t freeze my computer. Do some research. ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [September 3, 2003, 11:30pm UTC](https://boards.straightdope.com/t/biking-under-the-influence/199240/32 "2003-09-03T23:30:44Z")
bitchslap: Here’s the rest of the applicable section: > [@](#): > > Riding Bicycle Under Influence of Alcohol or Drugs > > 21200.5. Notwithstanding Section 21200, it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person’s blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person’s blood pursuant to Section 23612, and, if so requested, the arresting officer shall have the test performed. A conviction of a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250). Violations of this section are subject to Section 13202.5. > > Amended Ch. 1697, Stats. 1990. Effective January 1, 1991. > Amended Sec. 3, Ch. 740, Stats. 1998. Effective January 1, 1999. > Amended Sec. 17, Ch. 22, Stats. 1999. Effective May 26, 1999. Now that I’ve posted the actual law of California regarding biking and DUI, do you want to retract your earlier assertion or do you prefer to reiterate again that bs? Oh, and if you wish to put your theory to the test (which I, of course, do not recommend), let me know how you fare with the judge. ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [September 3, 2003, 11:48pm UTC](https://boards.straightdope.com/t/biking-under-the-influence/199240/33 "2003-09-03T23:48:14Z")
Oh, if you’re interested in what 13202.5 says, [here it is](http://www.defend-me.com/California-Vehicle-Code/California-Vehicle-Code-Section-13200-13210.asp). ---
**Author:** ![Gorsnak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gorsnak/32/7587_2.png) [@Gorsnak](https://boards.straightdope.com/u/Gorsnak)\ **Post date:** [September 4, 2003, 12:24am UTC](https://boards.straightdope.com/t/biking-under-the-influence/199240/34 "2003-09-04T00:24:50Z")
Actually, Monty, I think you’ve just confirmed what bitchslap was saying: namely, that riding under the influence will be governed by whatever state or local ordinances might exist pertaining to it, and not by standard DUI legislation. Unless I’m very badly mistaken, I shouldn’t think that the penalty for DUI in Cali is a fine of not more than $250. ---
**Author:** ![Mr.Slant](https://avatars.discourse-cdn.com/v4/letter/m/c57346/32.png) [@Mr.Slant](https://boards.straightdope.com/u/Mr.Slant)\ **Post date:** [September 4, 2003, 1:24am UTC](https://boards.straightdope.com/t/biking-under-the-influence/199240/35 "2003-09-04T01:24:57Z")
In North Carolina, I knew a judge who had in fact given “DUI” charges out to drunk bike riders. BTW, in theory you could also rack up points on your license for… say, running stop signs, and thus be ineligible for a driver’s license once you hit 16, at least untill those points dropped off of your license. ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [September 4, 2003, 1:25am UTC](https://boards.straightdope.com/t/biking-under-the-influence/199240/36 "2003-09-04T01:25:20Z")
Then you didn’t read the entire thing correctly, Gorsnak. bitchslap is asserting that one is governed by local ordinances. I proved that one’s governed by state statute here. ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [September 4, 2003, 1:31am UTC](https://boards.straightdope.com/t/biking-under-the-influence/199240/37 "2003-09-04T01:31:07Z")
p.s. bitchslap is also asserting that one must have signed some mythical contract before one can be subject to the law relating to DUI whilst on a bicycle. I have also disproven that. Lastly, please read the link in my posting just above yours. ---
**Author:** ![Duke](https://avatars.discourse-cdn.com/v4/letter/d/e8c25b/32.png) [@Duke](https://boards.straightdope.com/u/Duke)\ **Post date:** [September 4, 2003, 3:57am UTC](https://boards.straightdope.com/t/biking-under-the-influence/199240/38 "2003-09-04T03:57:14Z")
I read the link, and I don’t get it. Section 13202.5 subdivision (d) pertains to penalties for minors aged between 13-21 for use of controlled substances or alcohol, whether or not a vehicle was involved. Many states have similar provisions for underage drinking: PA, for example, suspends the license of any minor arrested for underage drinking whether or not one was in charge of a motor vehicle or not. Indeed, taking a look at Sections 13202.4 and 13202.6, we find similar penalties for minors charged with firearm offenses and other crimes. Yes, the California state penal code deals with this kind of offense, but this link doesn’t show it. ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [September 4, 2003, 3:47pm UTC](https://boards.straightdope.com/t/biking-under-the-influence/199240/39 "2003-09-04T15:47:24Z")
Then you’ve noticed that bitchslap’s assertions, which were posted as though they are fact, are in error. ---
**Author:** ![Tapioca\_Dextrin](https://avatars.discourse-cdn.com/v4/letter/t/3d9bf3/32.png) [@Tapioca\_Dextrin](https://boards.straightdope.com/u/Tapioca_Dextrin)\ **Post date:** [September 4, 2003, 4:17pm UTC](https://boards.straightdope.com/t/biking-under-the-influence/199240/40 "2003-09-04T16:17:12Z")
> [@](#): > > \*Originally posted by Gorsnak \* > \*\*Unless I’m very badly mistaken, I shouldn’t think that the penalty for DUI in Cali is a fine of not more than $250. \*\* You are very, very badly mistaken. It took me two minutes to find the real figures from both the [CHP](http://www.chp.ca.gov/html/enough.html) and an [attorney’s](http://www.drunkdrivingdefensepro.com/DUI/) website. Minimum penalties for a first offnse are: $390 plus 48 hours in jail plus license suspended for six months plus you need to attend a treatment program. ---
**Author:** ![Tapioca\_Dextrin](https://avatars.discourse-cdn.com/v4/letter/t/3d9bf3/32.png) [@Tapioca\_Dextrin](https://boards.straightdope.com/u/Tapioca_Dextrin)\ **Post date:** [September 4, 2003, 4:49pm UTC](https://boards.straightdope.com/t/biking-under-the-influence/199240/41 "2003-09-04T16:49:15Z")
> [@](#): > > \*Originally posted by bitchslap \* > \*\*Truways(fares), roads, public ways, are not HIGHWAYS, see I.C.C. guidelines. \*\* If anyone is interested in the legal defintion of a highway, this is how [url="[http://www.wvml.org/members/Ordinances/Traffic%20Code/article%20301.htm#301.44](http://www.wvml.org/members/Ordinances/Traffic%20Code/article%20301.htm#301.44)"West Virginia does it > [@](#): > > \*\*\* §17C-1-35. Street or highway. > > “Street” or “highway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. [Previous page](https://boards.straightdope.com/t/biking-under-the-influence/199240.md?page=1) [Next page](https://boards.straightdope.com/t/biking-under-the-influence/199240.md?page=3)