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

Posted on January 18, 2023

The specific answer largely depends on the laws of your state and whether the bike is a motorbike or a nonmotor bike. In most jurisdictions, you could face a DUI charge if you operate a motorized bike while intoxicated. But you would likely face a “cycling under the influence” charge if you operate a nonmotor bike while under the influence.

Note that some states do consider a nonmotor bike as a type of “vehicle.” As a result, these states are more likely to elevate a “cycling under the influence” charge to a “DUI” charge.

Further, depending on the facts of your case, a prosecutor could combine a cycling under the influence charge with other criminal charges.

For example, a prosecutor could charge you with cycling under the influence and

• public intoxication,
• disturbing the peace,
• reckless driving, or
• disorderly conduct.

1. When can you get a DUI for driving a bike drunk?

Most jurisdictions say that you can only be charged for DUI/DWI if you operate a motorized bike while under the influence of:

• alcohol,
• a controlled substance, or
• a combination of alcohol and a controlled substance.

The reasoning behind this general rule is that most state DUI laws say that you are only guilty of drunk driving if you operate a

• “motor vehicle” or
• “vehicle” while intoxicated.¹

States generally define the term “motor vehicle” or “vehicle” as a “self-propelled object.”² Since a nonmotor bike is not “self-propelled,” DUI charges are usually reserved for motorbikes.

But note that there are some jurisdictions that do say that a nonmotor bike is included in the definition of “vehicle.”³ As a result, these states could charge you with DUI if you operate a bike while intoxicated, even if the bike is a nonmotor bike.⁴

2. What is “cycling under the influence”?

Many states are likely to charge you with cycling under the influence (as opposed to driving under the influence) if you operate a nonmotor bike while under the influence.

For example, California law states that:

“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.”⁵

Note that a cycling under the influence conviction will usually carry less severe penalties than a DUI conviction.

Bicyclists or cyclists guilty of the offense are often charged with a misdemeanor that is punishable by a fine.

In contrast, a DUI conviction could lead to:

• misdemeanor charges,
• steeper fines,
• a driver’s license suspension,
• installation of an ignition interlock device (IID), and
• completion of DUI school.

Note that for the purposes of a cycling under the influence charge, you are generally considered “under the influence” if:

• you can no longer operate a bicycle in the same manner as a sober and careful person, or
• a breath test or blood test says that your blood alcohol concentration (BAC) or blood alcohol level is 0.08% or higher.⁶

3. Can biking while intoxicated lead to other criminal charges?

Yes. If you cycle under the influence, you could face:

• a cycling under the influence charge, and
• a charge of another criminal offense.

Depending on your state laws and the facts of your case, a prosecutor could charge you with:

• disorderly conduct,
• public intoxication, or
• disturbing the peace.

Example: Joe is riding his bike through town. He is drunk and is swearing loudly and yelling rude comments at people on a sidewalk.

Joe could likely face a cycling under the influence charge since he is biking while drunk.

But his state could also have a disorderly conduct law that makes it a crime to act in any way that disrupts the peace.

If so, then Joe’s actions could lead to a cycling under the influence charge and a disorderly conduct charge. His loud and rude shouts could have likely breached the peace of his neighborhood.

4. Are there legal defenses to biking under the influence?

If you are charged with cycling under the influence or even with DUI for driving a bike while intoxicated, you can usually contest the charge with a legal defense.

A few common defenses include showing that:

• you were not “under the influence” (for example, maybe a breathalyzer test showed that your BAC was below the legal limit of .08%), and
• the police stopped you without probable cause.

Note that the traffic laws of many states say that you are only guilty of DUI or cycling under the influence if you operate a vehicle on a public road. This means you can often contest a charge by showing that you rode your bike on private property.

In contemplating a defense, it is a wise idea to seek legal advice from a:

• DUI lawyer,
• criminal defense attorney, or
• law firm/law office.

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