Can You Get a DUI on a Bicycle? Here’s What the Law Says

Riding a bicycle has long been seen as a healthy, eco-friendly alternative to driving. But what happens when someone decides to ride their bike home after a few drinks at the bar? Many people wonder: Can you get a DUI on a bicycle? The answer isn’t as simple as yes or no — it depends on where you are, how the law defines “vehicle,” and the behavior of the rider.

This article will dive deep into the legal, safety, and ethical dimensions of biking under the influence. We’ll explore how DUI laws apply to bicycles in the U.S. and other countries, what potential charges a drunk cyclist might face, and what you should know to stay safe and legal on the road.

What Is a DUI?

A DUI stands for Driving Under the Influence. It refers to operating a vehicle while impaired by alcohol, drugs, or any controlled substance. In some states, it’s also referred to as DWI (Driving While Intoxicated) or OWI (Operating While Intoxicated).

Most people associate DUIs with driving a car, but the definition of “vehicle” varies depending on the jurisdiction. That definition plays a critical role in determining whether or not you can be charged with a DUI while riding a bicycle.

Can You Legally Get a DUI on a Bicycle in the U.S.?

The Short Answer: It Depends on the State

In the United States, DUI laws are written at the state level, not the federal level. This means that each state defines a DUI and a “vehicle” differently. In some states, bicycles fall under the legal definition of a vehicle. In others, they do not — but that doesn’t mean you’re off the hook if you’re caught biking drunk.

Here’s a breakdown of how DUI laws apply in different U.S. states:

State	DUI Applies to Bikes?	Details
California	Yes	Bikes are classified as vehicles. You can be charged under vehicle code.
Florida	Yes	Florida law includes bicycles in DUI laws.
New York	No	Bicycles are not considered vehicles for DUI, but other charges may apply.
Texas	No	DUI law does not apply to bicycles, but public intoxication may be charged.
Colorado	Yes	Bicycles fall under DUI rules if operated on public roads.
Oregon	Yes	Bicycles are legally vehicles and can incur DUI charges.
Washington	No	DUI does not apply, but intoxicated cycling can still lead to detention.

💡 Key Takeaway: In some states, riding a bike while intoxicated is treated the same as driving a car under the law. In others, you may not get a DUI, but you can still face other penalties.

What Happens If You Get Caught Drunk on a Bicycle?

Even if a state does not treat biking under the influence as a DUI, you may still face consequences such as:

Public intoxication charges
Reckless driving or endangerment
Fines or citations
Detainment for safety reasons
Mandatory substance abuse classes

And in states where bicycles are treated as vehicles under DUI statutes, the consequences can mirror those for car drivers:

License suspension (yes, your driver’s license can be affected)
Court costs and legal fees
DUI on your criminal record
Jail time for repeat offenders or serious incidents
Probation or mandatory treatment programs

Why Do Some States Apply DUI Laws to Bicycles?

States that treat bicycles as vehicles typically apply traffic safety principles uniformly. They argue that impaired cycling presents real risks to:

The rider
Pedestrians
Other cyclists
Motorists (especially in shared lanes or intersections)

In these states, DUI laws are meant not only to punish but to deter unsafe behavior that could lead to injuries or deaths.

States That Don’t Apply DUI Laws to Bikes

States that don’t classify bicycles as vehicles typically view the risk of harm as less significant than for motor vehicles. Their argument is that a 25-pound bicycle is not as dangerous as a 4,000-pound car or truck.

But again, not being subject to DUI laws doesn’t mean you’re legally untouchable. Police still have the authority to stop and cite intoxicated cyclists for:

Public endangerment
Disorderly conduct
Public intoxication

What About Electric Bicycles and Scooters?

This is where things get even more complicated.

Electric bicycles (e-bikes) that exceed certain speeds or power outputs may fall under the definition of a motor vehicle in some states.
Electric scooters and mopeds are even more strictly regulated and are almost always included in DUI laws.

So while you may think you’re being smart by hopping on your e-bike or scooter, you could still face full DUI charges depending on your location.

International Laws: DUI on a Bicycle Around the World

Canada

In most provinces, DUI laws apply to motor vehicles only. However, a drunk cyclist can still be charged with public intoxication or impaired operation of a non-motorized vehicle, depending on local bylaws.

United Kingdom

The UK’s Road Traffic Act 1988 makes it illegal to ride a bicycle while unfit due to drink or drugs. While it’s not classified the same as a DUI in a car, it’s still a criminal offense.

Australia

Laws vary by state, but in many places, cycling under the influence is illegal. You may not face a DUI per se, but you could still be fined or prosecuted.

Is Riding a Bike Drunk Safer Than Driving?

Many people assume that riding a bike drunk is a safer, more responsible option than getting behind the wheel of a car. While it’s less likely to cause a fatal multi-car accident, it’s still extremely dangerous, for reasons including:

Reduced coordination and balance
Poor decision-making
Increased vulnerability to traffic hazards
Greater likelihood of injury or death in a fall or crash

Statistics Don’t Lie

According to the National Highway Traffic Safety Administration (NHTSA), in the U.S.:

1 in 5 cyclists killed in accidents had a blood alcohol concentration (BAC) of 0.08 or higher.
Many of these incidents occurred at night and involved no helmets or lights.

Ethical Considerations and Public Perception

Even if you’re unlikely to get arrested, riding a bike drunk still poses ethical questions. If you crash into a pedestrian or veer into traffic, your actions could harm someone else.

Also, being seen riding a bicycle while clearly intoxicated may result in public embarrassment, social stigma, or professional consequences if the incident is publicized.

What Should You Do Instead? Safe Alternatives

If you’ve been drinking and need to get home, here are smarter choices:

Call a ride-share (Uber, Lyft)
Use public transportation
Walk home with a sober friend
Lock up your bike and return for it later
Designate a sober cyclist, just like you would a designated driver

Real-Life Case Studies

DUI on a Bike in California

In 2020, a man in Los Angeles was stopped for erratic cycling. A breathalyzer showed his BAC was over 0.12. He was charged with a misdemeanor DUI under California Vehicle Code §21200.5 and received probation and a fine.

Public Intoxication in Texas

A Texas resident was stopped by police after swerving into traffic on a bicycle. Though Texas law doesn’t allow DUI charges for bicycles, he was cited for public intoxication and held overnight.