One of the perks of living in and around a big city is that everything is within walking or biking distance. Traditionally, with the better weather of summer months comes an increase in cyclists. We also find a correlating rise in the number of cycling while intoxicated cases. The incidents do not occur often enough for everyone to know the Illinois repercussions; however, the episodes are not entirely uncommon either.

The Legal Answers

It is common knowledge that driving yourself home in a motor vehicle after having too much to drink is dangerous for yourself, your passengers, and for everyone else on the road. Most people opt to have a designated driver, a cab, or a ride share take them home in those circumstances. However, when the weather is right, a bike ride does not immediately seem like a poor decision. Yet, there are unperceived dangers as well as potential legal complications to doing so. Under Illinois State law, a vehicle is anything that transports a person or property from one location to another, except if it is human powered. Meaning, your feet, and your bicycles are not vehicles. Therefore, taking a bicycle home is unlikely to result in a DUI charge, since you are not operating a car. A DUI on a bicycle is only possible under the following conditions:

• You are intoxicated over the legal drinking limit;
• The bike is motorized; and
• The bike is capable of traveling faster than 20 miles per hour.

The Dangers of Biking While Intoxicated

When an officer pulls over a driver for suspected drunk driving, he or she makes no distinction over whether the suspect is male or female. The decision to charge a suspect with DUI stems from a variety of factors, such as a breathalyzer, blood alcohol test, or behavior indicators. If the breathalyzer returns a blood alcohol concentration number of 0.08 percent or higher, charges are likely to follow.

However, research shows that women are more likely than men to incur a DUI charge when drinking the same amount of alcohol.

Explanation of Functional Tolerance

Alcohol affects everyone differently, which is the result of a variety of elements that have little to do with whether someone is a “lightweight” when it comes to handling his or her alcohol. Having a functional tolerance to alcohol may enable a person of the same sex, weight, and age to have the same amount of alcohol but perform at a higher functioning level, which may prevent an initial traffic stop; when comparing breathalyzers, an equal BAC results in identical charges.

Alcohol can have many pleasurable effects on the body, especially at the start of consumption. The consumer begins to feel calm, confident, relaxed, happy, and sociable. However, at a point that is unique to each individual person, alcohol starts to have negative repercussions on the body.

Finding that small window between relaxation and inebriation is difficult. Those who misjudge and attempt to drive home while impaired are at risk for DUI charges, among other potentially catastrophic results. 

The First Drop

During the first sip of alcohol, approximately 33 percent absorbs immediately into the bloodstream via the stomach lining. After that initial reaction, the alcohol begins to make its way into the small intestine, where it slowly seeps into the blood.

You plan a night out. Since you know you will be at an establishment serving alcoholic beverages, you prepare in advance for the required designated driver. Since you will not be behind the wheel, you plan to let loose and have that extra drink of choice. On the way home, the police pull the car over; however, you have nothing to fear. You are safe in the passenger’s seat, and you know beyond a shadow of a doubt that your driver drank only water and soda all night. Much to your dismay, the officer begins questioning you as a passenger. Can you receive a DUI for riding drunk as a passenger?

Mind Your Manners

At any traffic stop, it is important to stay calm, quiet, and polite, regardless of being a driver or a passenger. An officer in most cases will ask if you know why you are being pulled over. Do not answer this any other way than “no,” because any information given to him or her can and will be used against you. After that, he or she may let you know his or her suspicions and may ask for the driver's license and registration. He or she may also ask passengers for identification. As a passenger, you are not required to give an officer anything. Nevertheless, intentionally withholding identification may lead to further investigation. An officer who believes there is illegal activity can detain a passenger, potentially leading to arrest.

Etiquette that may help the situation includes:

Common knowledge tells us that driving under the influence of alcohol endangers lives. However, drunk driving also has smaller potential repercussions. These consequences are not life-threatening, but they are life-altering and require heavy consideration before intentionally drinking and driving.

One question asked after a DUI arrest is if you will still have gainful employment if convicted. Can you lose your job because of a DUI?

Conviction is More Than a Fine and a Record

A DUI conviction frequently ends in more than a fine and a blemished driving record. Daily tasks such as going to work or grocery shopping become difficult to maneuver after licensure loss. Additionally, even an overnight stay in jail creates tension in social relationships. Insurance rates increase with a label of being a high driving risk. All of these repercussions exist without even discussing the impact on income.