Is it illegal to ride a bike under the influence in Nevada?

Posted on July 30, 2020

No. Nevada law’s prohibition against driving while under the influence of drugs or alcohol does not extend to bicycles, electric bikes, or skateboards. Cycling under the influence is not a crime in Nevada. However, drunk or high cyclists risk being arrested for reckless endangerment (NRS 202.595).

Legal definition

Reckless endangerment is a very broad offense that comprises purposeful, extremely risky behavior. The statute defines it as when a person “neglects any duty imposed by law in willful or wanton disregard of the safety of persons or property.”

Riding a bicycle while intoxicated can qualify as reckless endangerment if the biker is swerving or acting erratically. Since bicyclists share the sidewalks and roads with pedestrians, drivers, and other bikers, they create a high risk of a collision by bicycling while inebriated. An accident, in turn, can cause property damage and physical injury, even death.

Penalties

The sentence for a reckless endangerment conviction turns on the seriousness of the case. As long as no one died or sustained substantial bodily harm, cycling while intoxicated is a gross misdemeanor. This carries:

• up to $2,000 in fines, and/or
• up to 364 days in jail

Note that a first-time DUI while driving a motor vehicle that causes no injuries is only a misdemeanor, which is less serious than a gross misdemeanor. DUI charges carry a maximum jail sentence of only up to 6 months in jail. However, DUI laws carry additional penalties for motorists in the state of Nevada, including DUI School, a Victim Impact Panel, and a driver’s license suspension.

Meanwhile, if drunk cycling did cause another person to die or sustain serious harm, prosecutors will charge the defendant with a category C felony. This carries:

• 1 – 5 years in Nevada State Prison, and
• up to $10,000 in fines (at the judge’s discretion)

This is less serious than the punishment for a DUI causing injury or death (NRS 484C.430), which is a category B felony. The prison term is 2 to 20 years. And the defendant’s driver’s license will be suspended for three years.

Note that intoxicated cyclists who cause an accident may face a personal injury lawsuit irrespective of whether criminal charges are brought.

Defenses

The most common defense to reckless endangerment charges for cycling under the influence is that the defendant was being safe. Unless a cyclist is operating the bike in a dangerous way or violating bike laws or traffic laws, no statute is being broken regardless of whether the cyclist is drunk or high.

Example: Jerome has a high alcohol tolerance. He has two beers at a Las Vegas bar, which increases his blood alcohol content to 0.08%. As he is biking home, Jerome sticks to his bike lane, uses the correct hand signals, and follows all the rules of the road and bicycle laws. He never swerves or does anything that endangers others’ property or safety. Therefore, the police officer who saw Jerome leave the bar and go biking should not arrest him for reckless endangerment because he is not acting in a way that threatens the health or property of others.

Note that if Jerome was driving home in a car, motorcycle, or moped, then he would be guilty of driving under the influence of alcohol under state law. Merely driving with a BAC of 0.08% or higher is illegal regardless of whether the driver is being safe or has a high tolerance. But since “biking under the influence” is not a crime, Jerome should not be arrested.