DUI and Bicycles

 Posted on June 29, 2017 in DUI

With Summer at its start and the weather becoming nicer, more and more people will take to their bicycles for transportation. However, one of the least talked about safety issues is riding a bicycle while intoxicated.

Can I Get a DUI on a Bicycle?

Various states have provisions on their law books where one may be charged with a DUI for riding a bicycle drunk. However, in Illinois, unless certain other circumstances are met, you will likely not be charged with a DUI while riding a bike.

The reason why you usually cannot be charged with a DUI on a bike is because a bicycle is not legally defined as a vehicle. Therefore, operating a bicycle while intoxicated is not the same as operating a car or motorcycle in the eyes of the law.

There are, however, two exceptions. If your bicycle is motorized and you are traveling over 20 mph you may then be arrested and charged with a DUI.

Are There Any Punishments for Riding a Bike Drunk?

The short answer is yes. Despite Illinois not having a criminal statute regarding bicycling while intoxicated, you may be subject to other laws such as:

• Public intoxication;
• Disorderly conduct; and
• Traffic violations—bikes are subject to the same traffic laws as cars.

It is understandable why people worry about intoxicated drivers and become outraged when someone drives a car drunk. A motor vehicle is massive pile of metal, glass, and plastic and it can easily cause death and destruction to anything that comes into contact with it. Yet the same level of scorn is usually not applied to riding a bike while intoxicated.

Bikes do not weigh as much and usually cannot cause the same level of destruction as a car. However, what they can do is veer off into a road and cause another car to hit something. Or, in worst cases, cause another car to hit a person. Therefore, it is still important to exercise good judgment when operating a bicycle to help keep the streets and roadways safe for everyone.

What kind of Vehicle Can I Get a DUI In?

In Illinois, the law defines what a vehicle is and thus defines the types of vehicles in which a driver can receive a DUI. Vehicles include the following:

• Cars;
• Motorcycles;
• Boats;
• Mopeds;
• Snowmobiles;
• Lawn mowers;
• Golf carts; and
• Horses (R.U.I. or riding under the influence).

DUI Defense for All Occasions

Whether you are charged with a DUI while driving a car, a boat, or any vehicle, it is imperative that you have a knowledgeable and dedicated DuPage County DUI defense attorney to defend your rights. The talented legal staff at Davi Law Group, LLC knows and understands DUI law and will work to defend your rights every step of the way. DUI convictions can carry hefty fines, license suspensions, and may even land you in jail. Contact us today at 630-657-5052.

Source:

https://casetext.com/case/people-v-schaefer-28

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501