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  • Another Bicycle Question...

    Ok, this may seem odd... but, I'm serious.

    I sometimes ride my bicycle to & from my local sports bar, & I sometimes get tanked.
    For the simple fact that I won't get in my car after having any alcohol, I ride my bike down alleys back home. (So, I'm not really as stupid as I sound.)

    But, is it true I can get a DUI for this?
    I wouldn't think so, because it's not a motorized vehicle, I'm not riding down the street, I'm not endangering anyone on the road, etc...

    I couldn't see getting a DUI on a 21 speed while riding down an alley or sidewalk. Public intoxication/drunkiness ticket I could understand, but DUI...?
    hmmmm....

  • #2
    Ca has a specific vehicle code section for riding a bike under the influence.

    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.
    Today's Quote:

    "The difference between stupidity and genius is that genius has its limits."
    Albert Einstein

    Comment


    • #3
      21200.5 Cvc

      I have arrested a couple folks for "Riding Under the Influance". It is a bit obscure, but a bicycle rider must follow all the rules of the road that a mtorist does - including impared driving/riding. Not a dumb question at all.

      Oh, and if it's a motorized scooter, still illegal: 21221.5 CVC. And if you walk, 647(f) PC (drunk in public). Geeze, you just can't win in California!!
      Last edited by andy5746; 10-05-2007, 12:44 AM.
      LIFE IS TOO SHORT TO DRINK CHEAP BEER!

      Comment


      • #4
        I had a buddy in the military that got a written for DUI on a bike after he crashed and burned into the side of a Jeep.....


        I've wrote a couple of them as well.....but the folks I wrote them to talked themselves into it.....as I could have easily tossed the bike in the car and gotten them home.......

        That was all military....

        I think MO has a statute on it but I am not sure. I have written a DUI for some knothead on a riding lawnmower......

        Comment


        • #5
          Originally posted by Bearcat357 View Post
          I have written a DUI for some knothead on a riding lawnmower......
          Now, that's funny... I can picture it now: some redneck weaving around on a lawnmower through other peoples yards, with a 30pk of Busch beer & a Nascar hat... lol

          I'm glad, I'm not living in CA anymore. There laws are pretty strict. Except for the whole 65mph speed limit on the I-5, everybody in Cali seems to think 65=90+.

          I was searching Google & came up with several strange answers to my question.... like in NY: you can't get a DUI on a bike, but you can get one for riding a horse/donkey.

          Comment


          • #6
            Originally posted by andy5746 View Post
            Oh, and if it's a motorized scooter, still illegal: 21221.5 CVC. And if you walk, 647(f) PC (drunk in public). Geeze, you just can't win in California!!
            I once spent almost all my cab money at a bar in CA with my buddy, & it was either walk 3 miles or try to find a ride...
            We wound up ordering pizza & waiting for the delivery guy to go to his car, then asked him for a ride with our pizza to our appartment & gave him a good tip.
            ^how's that for thinking?^

            Comment


            • #7
              Originally posted by USMC1371 View Post
              Now, that's funny... I can picture it now: some redneck weaving around on a lawnmower through other peoples yards, with a 30pk of Busch beer & a Nascar hat... lol
              Actually, the silly SOB was riding up the street....in plain view of everyone.....and damn near hit a parked car. And yes, I would have been ****ed had I had to work that accident.....

              He was driving it because he had a revoked DL for previous DUIs (and since I knew that, I can use that as P/C in MO).....

              I saw it sitting in front of the local Legion (and no...he wasn't a Vet) as I was on patrol at around 8AM (yeap....8AM).

              Around 10AM, I saw him crusing up the street headed home.....pulled him over....FSTs...and a trip to jail......he blew a .27....

              I had to get a City Maintenance worker to come over and toss the mower in the back of his truck....and drop it off at his house as I processed him..... It was cheaper/easier than towing.....

              He ended up dying about 2-3 years later because of liver failure (and several other issues) due to excessive drinking......

              Comment


              • #8
                We've arrested for DUI on a bike several times... but usually it's the same person.

                Comment


                • #9


                  Here in VA, it is also illegal to drive a train when intoxicated.


                  But it would be odd to see an officer try to pull one over, huh? Is he going to claim that the conductor was 'swerving' down the track?



                  FROM THE VIRGINIA STATE CODE:


                  § 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.


                  It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).

                  For the purposes of this article, the term "motor vehicle" includes mopeds, while operated on the public highways of this Commonwealth. {But it doesn't mention a "horse" as being a motor vehicle. LOL!}

                  The comments above reflect my personal opinion as a private citizen, ordinary motorist and all-around good guy.

                  The aforementioned advice should not be construed to represent any type of professional opinion, legal counsel or other type of instruction with regard to traffic laws, judicial proceedings or official agency policy.

                  ------------------------------------------------

                  "Ignorance on fire is hotter than knowledge on ice."

                  Comment


                  • #10
                    Originally posted by VA Dutch View Post


                    Here in VA, it is also illegal to drive a train when intoxicated.


                    But it would be odd to see an officer try to pull one over, huh? Is he going to claim that the conductor was 'swerving' down the track?


                    That is also probably one of those laws that came about from somebody's stupidity....Somebody had to do it at some point to make the Legislature think "This needs to be on the books".

                    Comment


                    • #11
                      So is it illegal to fly a space shuttle while intoxicated yet?

                      Comment


                      • #12
                        Originally posted by shillxsh View Post
                        So is it illegal to fly a space shuttle while intoxicated yet?
                        Actually our implied consent law in TN applies to pilots as well as drivers.
                        I'm 10-8 like a shark in a sea of crime..

                        Comment


                        • #13
                          In the city of Norco (also known as horsetown USA) the Deps arrest for DUI on horseback. I kinda don't agree with that one because horses are live creatures with minds of their own and will generally not crash into people and kill them.
                          God made perfect cops.......The rest he put in cars.

                          Comment


                          • #14
                            In most states in Aussie, bicycle riders can be charged with riding under the influence as a bicycle is included in the definition of a vehicle. In Queensland we cant give a bicycle rider a Random Breath Test like a car driver so we have to decide their level of intoxication by indicia displayed, and then take them back to the station for a breath analysis, and then charge the rider if they're intoxicated.
                            If at first you don't succeed, remove all evidence of your attempt.

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