Biking Under the Influence

In every state, it’s illegal get behind the wheel of a car while under the influence of drugs or alcohol. But is it possible to get a DUI on a bike? It depends on what state you live in. But even in states where you can’t get a DUI on a bicycle, drunk biking might still lead to criminal charges.

State Laws Outlawing Intoxicated Biking

Generally, you can be convicted of a DUI in any state for operating a vehicle with a blood alcohol concentration of .08% or more (.05% or more in Utah) or while actually impaired by drugs or alcohol.

But state laws vary as to what kinds of vehicles are subject to DUI restrictions. For example, the DUI laws of Massachusetts and Virginia apply only to “motor vehicles.” So, in these states, you can’t get a standard DUI on a foot-powered bicycle (with a motorized bike it might be a different story). But don’t get too carried away. Even in states where drunk biking isn’t covered by the DUI laws, you can still be cited for public intoxication (often called “drunk in public”)—a criminal offense in most states.

The DUI laws of other states are more inclusive. Ohio’s drunk driving laws, for instance, apply to bicyclists riding on roadways and bike paths. And Florida’s DUI laws make it illegal to ride a bike anywhere in the state while under the influence.

California and a few other states have laws specific to cycling under the influence. In other words, these states have laws—separate from their DUI laws—that prohibit riding a bike while intoxicated.

Consequences of Biking While Impaired

In states where you can get a DUI on a bike, the penalties for doing so are the same as those for a motor vehicle DUI. A first-offense DUI is typically a misdemeanor and generally carries a maximum one year in jail (though there’s normally no mandatory minimum jail time) and up to $1,000 or so in fines. In most cases, a DUI conviction will also result in license suspension. And depending on what state you live in, you might have to install an ignition interlock device in vehicles you operate once you complete the suspension period.

For each subsequent DUI conviction, an offender faces increasingly more severe consequences. In other words, the penalties for a second offense are more than those for a first, the penalties for a third offense are more than those for a second, and so on.

In states like California that have specific biking-under-the-influence laws, the penalties for a bike-related offense are generally less severe than those for a motor vehicle DUI. For example, cycling-under-the-influence laws typically don’t impose license suspension as one of the possible consequences.