# Public intoxication **URL:** \ **Category:** Factual Questions\ **Created:** [June 16, 2011, 11:50am UTC](https://boards.straightdope.com/t/public-intoxication/585680 "2011-06-16T11:50:12Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![IMfez](https://avatars.discourse-cdn.com/v4/letter/i/f07891/32.png) [@IMfez](https://boards.straightdope.com/u/IMfez)\ **Post date:** [June 16, 2011, 11:50am UTC](https://boards.straightdope.com/t/public-intoxication/585680/1 "2011-06-16T11:50:12Z")
When driving I follow the guideline that five miles per hour over the speed limit is generally safe, and more than ten miles over is asking for a ticket. For those in the know, I’d like similar guidance on conducting myself in public after I’ve been drinking. I drink moderate amounts of alcohol, never to the point that I feel motor coordination deteriorating, but I’ve heard BAC levels go up faster than you feel. So I want to conduct myself as safe as possible when walking or bicycling home to avoid a police encounter. Is it safe to assume a cop would avoid me if I’m walking or riding my bicycle in a safe manner, or is this even a risky assumption? Thanks ---
**Author:** ![Blake](https://avatars.discourse-cdn.com/v4/letter/b/a9a28c/32.png) [@Blake](https://boards.straightdope.com/u/Blake)\ **Post date:** [June 16, 2011, 12:09pm UTC](https://boards.straightdope.com/t/public-intoxication/585680/2 "2011-06-16T12:09:19Z")
Riding a bicycle while drunk is a real dick move, never mind the legality. If someone hits you while you are on a bike, you can easily go through the windscreen and kill them. At the very least, they will have to live with the trauma of having killed you. Drink driving is a really shitty thing to do, being caught by the cops is not the issue. ---
**Author:** ![Keeve](https://avatars.discourse-cdn.com/v4/letter/k/f07891/32.png) [@Keeve](https://boards.straightdope.com/u/Keeve)\ **Post date:** [June 16, 2011, 12:13pm UTC](https://boards.straightdope.com/t/public-intoxication/585680/3 "2011-06-16T12:13:21Z")
> [@IMfez](#): > > Is it safe to assume a cop would avoid me if I’m walking or riding my bicycle in a safe manner, or is this even a risky assumption? I have no idea what the answer is; I just want to clarify the question. Your specifying “in a safe manner” seemed a bit odd to me, because if the cop doesn’t notice anything out of the ordinary, then I presume he would have no reason at all to investigate you. Therefore, I suppose that what you mean is “in a manner which is totally safe, and not at all reckless, but still somewhat goofy in the manner of intoxicated people.” And further, like the person who drives just a bit over the speed limit, you are asking how much goofiness (for lack of a better word) you can get away with without attracting the attention of the police. ---
**Author:** ![BwanaBob](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bwanabob/32/2985_2.png) [@BwanaBob](https://boards.straightdope.com/u/BwanaBob)\ **Post date:** [June 16, 2011, 2:14pm UTC](https://boards.straightdope.com/t/public-intoxication/585680/4 "2011-06-16T14:14:21Z")
> [@Blake](#): > > Riding a bicycle while drunk is a real dick move, never mind the legality. If someone hits you while you are on a bike, you can easily go through the windscreen and kill them. At the very least, they will have to live with the trauma of having killed you. > > Drink driving is a really shitty thing to do, being caught by the cops is not the issue. Interesting point: is riding a bicycle drunk illegal? What would be the charge? I cannot imagine that it is a DUI/DWI since you are not operating a motor vehicle. There couldn’t be any legal linkage to one’s motor vehicle license, since not everyone has one. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [June 16, 2011, 2:32pm UTC](https://boards.straightdope.com/t/public-intoxication/585680/5 "2011-06-16T14:32:20Z")
From the Globe and Mail: > [@](#): > > For one thing, you can’t be charged with impaired driving if you’re intoxicated while riding a bicycle since a bike is not classified as a vehicle under that law, says Sergeant Tim Burrows of the Toronto Police Traffic Services unit. But a drunk cyclist could be charged under the Ontario Highway Traffic Act (which is similar in most provinces) for careless driving, at a fine of $110. And there’s always the public intoxication charge which could land you in the drunk tank or cost you at least a $50 fine. > > In some areas of the United States, such as California, drunk cyclists can be slapped with a DUI and charged roughly $250. So depends on your area. However, the same logic applies as may apply with motor vehicles. With a bicycle you will need the same reaction times and clear thinking as with a car. The life you endanger is more likely to be just your own, but it is still dangerous. As for “public intoxication”, unless you do something to draw attention to yourself (fall down, meader into traffic, yell incoherently, etc) usually the police will not bother you - meaning that the first time they realize you are drunk and a problem is when you go through someone’s windshield. ---
**Author:** ![billfish678](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@billfish678](https://boards.straightdope.com/u/billfish678)\ **Post date:** [June 16, 2011, 2:39pm UTC](https://boards.straightdope.com/t/public-intoxication/585680/6 "2011-06-16T14:39:47Z")
> [@BwanaBob](#): > > Interesting point: is riding a bicycle drunk illegal? What would be the charge? I cannot imagine that it is a DUI/DWI since you are not operating a motor vehicle. There couldn’t be any legal linkage to one’s motor vehicle license, since not everyone has one. I am pretty sure I remember a story of a person getting a DUI for riding a horse… ---
**Author:** ![Gary\_Robson](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gary_robson/32/3448_2.png) [@Gary\_Robson](https://boards.straightdope.com/u/Gary_Robson)\ **Post date:** [June 16, 2011, 2:56pm UTC](https://boards.straightdope.com/t/public-intoxication/585680/7 "2011-06-16T14:56:03Z")
> [@BwanaBob](#): > > Interesting point: is riding a bicycle drunk illegal? What would be the charge? I cannot imagine that it is a DUI/DWI since you are not operating a motor vehicle. There couldn’t be any legal linkage to one’s motor vehicle license, since not everyone has one. Those laws vary not only from state to state, but by county and even by town. In Montana, for example, you can lose your license and still be required to get daily Breathalyzer tests, even if you don’t have a car or license. You can get a DUI conviction for getting something out of your car in your own driveway while under the influence. In my town, you can be fined $500 for refusing a breath or blood test. Minors can be stopped on suspicion, and adults ticketed for public drunkenness. Know the laws in your own area. And, by the way, riding a bike drunk is a bad idea. You can end up under a car very fast! ---
**Author:** ![Hbns](https://avatars.discourse-cdn.com/v4/letter/h/8edcca/32.png) [@Hbns](https://boards.straightdope.com/u/Hbns)\ **Post date:** [June 16, 2011, 3:32pm UTC](https://boards.straightdope.com/t/public-intoxication/585680/8 "2011-06-16T15:32:16Z")
> [@BwanaBob](#): > > Interesting point: is riding a bicycle drunk illegal? What would be the charge? I cannot imagine that it is a DUI/DWI since you are not operating a motor vehicle. Co-worker here in Germany just took a nasty spill riding his bicycle after too many. I don’t know the specifics of the German DUI/DWI laws, but my co-workers tell me his license is in jeopardy and that surely he will get a very hefty fine. ---
**Author:** ![dolphinboy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dolphinboy/32/330_2.png) [@dolphinboy](https://boards.straightdope.com/u/dolphinboy)\ **Post date:** [June 16, 2011, 3:59pm UTC](https://boards.straightdope.com/t/public-intoxication/585680/9 "2011-06-16T15:59:46Z")
> [@billfish678](#): > > I am pretty sure I remember a story of a person getting a DUI for riding a horse… I really don’t think that’s the case… at least in the state where I live (Montana). How do I know that? They televise daily public service ads that show someone in a bar realizing they are too intoxicated to drive get picked up out front of the bar by their horse. If it was illegal to ride a horse drunk, I don’t think they would suggest it in these ads… ---
**Author:** ![TruCelt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/trucelt/32/523_2.png) [@TruCelt](https://boards.straightdope.com/u/TruCelt)\ **Post date:** [June 16, 2011, 4:43pm UTC](https://boards.straightdope.com/t/public-intoxication/585680/10 "2011-06-16T16:43:06Z")
I know someone who got a DWI on an adult-sized tricycle. (human-powered) She had epilepsy, so rode that instead of a bike for safety resons, and couldn’t drive a car. ---
**Author:** ![billfish678](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@billfish678](https://boards.straightdope.com/u/billfish678)\ **Post date:** [June 16, 2011, 4:53pm UTC](https://boards.straightdope.com/t/public-intoxication/585680/11 "2011-06-16T16:53:34Z")
Horserider DUI: [http://www.associatedcontent.com/article/203014/woman\_on\_horse\_charged\_with\_dui.html?cat=17](http://www.associatedcontent.com/article/203014/woman_on_horse_charged_with_dui.html?cat=17) A case, but not the case I am remembering (i think). And lawnmowers aint safe either: [http://www.associatedcontent.com/article/219194/dui\_lawnmower\_adventure\_pg2.html?cat=17](http://www.associatedcontent.com/article/219194/dui_lawnmower_adventure_pg2.html?cat=17) and this guys wife will kick your ass [![](https://img.youtube.com/vi/RNPxIibhcKY/hqdefault.jpg "Steves Riding Lawn Mower DUI Arrest Video") ](https://www.youtube.com/watch?v=RNPxIibhcKY) last link may have language not safe for work ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [June 16, 2011, 6:05pm UTC](https://boards.straightdope.com/t/public-intoxication/585680/12 "2011-06-16T18:05:20Z")
Previous threads on this and related issues: > **[Can you get a DUI in a wheelchair?](https://boards.straightdope.com/sdmb/showthread.php?t=597745)** > > If not a regular wheelchair, how about an electric one? > **[DUI in wheelchair?](https://boards.straightdope.com/sdmb/showthread.php?t=524862)** > > Can someone legitimately confined to a motorized wheelchair get a DUI for cruising down a public sidewalk while drunk? Say for the sake of argument that they are not disrupting traffic (pedestrian or vehicle) or being disruptive, just going about... > **[Can an animal be DUI? And are you liable?](https://boards.straightdope.com/sdmb/showthread.php?t=591633)** > > I know that you can be done for DUI if you are drunk and the animal is not (e.g. riding a horse), but what if it is you that is sober and the animal (e.g. a horse) that is drunk? > **[Is it considered a DUI if..?](https://boards.straightdope.com/sdmb/showthread.php?t=596303)** > > Although I would never do this, I was wondering if someone who is legally over the limit is riding as a passenger on a motorcycle is it considering drunk riding? I only ask because a passenger who is not cooperative could have a substantial influence... > **[Man charged with drunken driving on bar stool](https://boards.straightdope.com/sdmb/showthread.php?t=512398)** > > He’d built a motorized bar stool out of lawn mower parts. The bar stool could allegedly do up to 30 mph. > **[DUI, but RUI?](https://boards.straightdope.com/sdmb/showthread.php?t=503286)** > > Ok, you can get arrested while driving a car, but were there laws against riding a horse or wagon while intoxicated? You were controlling a horse that could go wild. A RUI (Riding Under the Influence), so to speak. > **[You Can't Arrest Me For DUI, I'm On My Horse!](https://boards.straightdope.com/sdmb/showthread.php?t=504350)** > > Oh, yes they can! A white horse in a snowstorm? Yeesh. Why didn’t the guy just throw himself in front of traffic? Probably would have been safer. ---
**Author:** ![MeanOldLady](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/meanoldlady/32/10737_2.png) [@MeanOldLady](https://boards.straightdope.com/u/MeanOldLady)\ **Post date:** [June 16, 2011, 7:04pm UTC](https://boards.straightdope.com/t/public-intoxication/585680/13 "2011-06-16T19:04:16Z")
Well how do you think people get home from bars? Teleportation? They walk. Unless you’re causing a disturbance, the policy aren’t going to slow down alongside you with a breathalyzer and cuffs in hand. Behave and you’ll be fine. ---
**Author:** ![Ludovic](https://avatars.discourse-cdn.com/v4/letter/l/7ab992/32.png) [@Ludovic](https://boards.straightdope.com/u/Ludovic)\ **Post date:** [June 16, 2011, 7:07pm UTC](https://boards.straightdope.com/t/public-intoxication/585680/14 "2011-06-16T19:07:27Z")
> [@dolphinboy](#): > > I really don’t think that’s the case… at least in the state where I live (Montana). How do I know that? They televise daily public service ads that show someone in a bar realizing they are too intoxicated to drive get picked up out front of the bar by their horse. If it was illegal to ride a horse drunk, I don’t think they would suggest it in these ads… How are they suggesting that? They way you describe it, the guy rides his horse there, and then realizes he is too drunk to ride back and so takes a cab. Am I misinterpreting? ---
**Author:** ![Dahnlor](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dahnlor/32/533_2.png) [@Dahnlor](https://boards.straightdope.com/u/Dahnlor)\ **Post date:** [June 16, 2011, 7:15pm UTC](https://boards.straightdope.com/t/public-intoxication/585680/15 "2011-06-16T19:15:47Z")
Instead of riding the bike, how about just pushing it? That’s what you’re supposed to be doing anyway when using a crosswalk, and using the bike to prop yourself up should help to stabilize your drunken staggering. ---
**Author:** ![Soliloquy](https://avatars.discourse-cdn.com/v4/letter/s/b5ac83/32.png) [@Soliloquy](https://boards.straightdope.com/u/Soliloquy)\ **Post date:** [June 16, 2011, 7:17pm UTC](https://boards.straightdope.com/t/public-intoxication/585680/16 "2011-06-16T19:17:41Z")
In CA, it is illegal to ride a human powered bicycle drunk. Public intoxication that will lead to custodial arrest is loosely defined as exhibiting external indicators of drunkeness (smelling of an alcoholic beverage or urine, bloodshot eyes, horizontal nystagmus, etc.) and being so drunk that you are physically incapable of taking care of yourself (unable to conduct yourself to a safe place and there is no one trustworthy and sober around to care for you). Don’t know how it’s handled outside of CA. ETA: Basically, in my area, if you’re not acting like an ass or tripping over your own feet and you don’t look hinky or like a victim waiting to happen, no one in uniform is gonna bug you. ---
**Author:** ![Gary\_Robson](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gary_robson/32/3448_2.png) [@Gary\_Robson](https://boards.straightdope.com/u/Gary_Robson)\ **Post date:** [June 16, 2011, 9:03pm UTC](https://boards.straightdope.com/t/public-intoxication/585680/17 "2011-06-16T21:03:43Z")
> [@Ludovic](#): > > How are they suggesting that? They way you describe it, the guy rides his horse there, and then realizes he is too drunk to ride back and so takes a cab. Am I misinterpreting? In the ads, the drunk is going home from the bar on horseback instead of driving. The horse is the “designated driver.” They’ve actually gotten a lot of grief for those ads, as climbing on back of a half-ton animal and riding down the street when you’re staggering drunk is pretty darned stupid. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [June 16, 2011, 9:21pm UTC](https://boards.straightdope.com/t/public-intoxication/585680/18 "2011-06-16T21:21:25Z")
> [@MeanOldLady](#): > > Well how do you think people get home from bars? Teleportation? They walk. Unless you’re causing a disturbance, the policy aren’t going to slow down alongside you with a breathalyzer and cuffs in hand. Behave and you’ll be fine. What, everyone walking home from a bar is drunk? ---
**Author:** ![Jaledin](https://avatars.discourse-cdn.com/v4/letter/j/f9ae1b/32.png) [@Jaledin](https://boards.straightdope.com/u/Jaledin)\ **Post date:** [June 16, 2011, 10:14pm UTC](https://boards.straightdope.com/t/public-intoxication/585680/19 "2011-06-16T22:14:00Z")
> [@Acsenray](#): > > What, everyone walking home from a bar is drunk? Most of them, sure – I spend a lot of time in bars, both to socialize and as part of the “help.” I wouldn’t want most of those people driving, and for their own sake, primarily, they shouldn’t be riding a bike either. Of course, they do both, since most people are pretty stupid before they start to drink. Agree with everyone who chided the OP for considering riding a bicycle – if a man rides a bike like that, without sobering up, he will die. Or hit his noggin. For walking, in my municipality, public intoxication is legal, AFAIK. I’ve done it plenty, and still occasionally have a few too many drams, and still make it home on the bus, and down 300 vertical feet of unlit stairs to my apartment. Sheer practice – but one can still be surprised.. The last time I was outright drunk, maybe 16 months ago or so, I managed to, after pissing myself, fall and slam my head into the pavement. Sometimes it might be groovier to take a cab, but experience should tell you most times when you can do and what. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [June 16, 2011, 10:31pm UTC](https://boards.straightdope.com/t/public-intoxication/585680/20 "2011-06-16T22:31:06Z")
> [@Jaledin](#): > > Most of them, sure I’m astonished. > [@](#): > > For walking, in my municipality, public intoxication is legal, AFAIK. Well, a lot of localities, public drunkenness is illegal, even if you’re walking. It sounds like that’s the situation for the OP. [Next page](https://boards.straightdope.com/t/public-intoxication/585680.md?page=2)