if you dont want to drive a car after drinking, can u ride a bike and not get a dui
2007-08-01 03:24:41 · 18 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
i heard of a guy who got one because he passed out by a gas station on his bike, but i don't know if its true or not...
2007-08-01 03:29:55 · update #1
Yep, happened in my state this week. You're driving; you're intoxicated; you've violated the law.
2007-08-01 03:34:50 · answer #1 · answered by David M 7 · 1⤊ 0⤋
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2016-06-12 10:04:52 · answer #2 · answered by ? 3 · 0⤊ 0⤋
It depends on how the law is framed within each state. In fact, most states no longer call it "DWI" or "DUI", which put the focus on driving. The term "driving", which is specific to motor vehicles, has been replaced by the term "operating", which is not. Operating a bicycle under the influence of intoxicants is a misdemeanor in my state, although you cannot lose your driver's license for it. Operate any motor vehicle under the influence however - car, boat, scooter, golf cart, riding mower - and your license is suspended for 90 days on the first offense.
In some states, you can operate a bike under the influence and not be charged with OUI but perhaps be charged with something else, such as creating a public hazard, public nuisance, public intoxication, obstructing a public way, etc. Heck, you could be too drunk to drive and walk home and still be arrested for any of these same offenses. Your local police department should be able to advise you of the laws in your town, county and state. If bicycle OUI is not prohibited by state law, that does not mean it is not prohibited by local ordinance, same thing for any state of public intoxication.
Of course, trying to ride a bike drunk is as difficult as trying to drive a car, and while perhaps not as dangerous to others, it is certainly as dangerous to the operator. Fine and gross motor skills are diminished and uncontrolled, balance is eroded, judgement is eroded, reaction times are greatly reduced and the senses of sight and hearing - critical in bike riding - are deadened. Riding a bike drunk is asking to be hit by a car or going head-first into a wall.
As fun as it is go out drinking with one's buddies, the complications of getting back home again outweigh any potential benefits. I'd much rather we all get soused at my place, crash where we are and then scrape ourselves back together for breakfast in the morning. Partying is great. Partying responsibly is even better.
2007-08-01 03:45:28 · answer #3 · answered by Unity87 2 · 1⤊ 0⤋
DUI is driving under the impact. DWI is driving on an analogous time as Intoxicated. The regulations variety from state to state and could be loosely translated by using the officer or left to his/her discretion. in case you have a cup of water or coffee and a cop sees you're taking a drink,he could situation a citation for driving with an open field besides as ingesting and driving. the place it is going to end is unknown,the politicians are constantly under pressure to tightening the ingesting regulations. a individual on a bicycle,curler skates,or scooter has an analogous accountability as a individual driving a automobile and obeying the regulations of the line whether they do no longer look to be in the line.
2016-10-08 23:32:45 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Yes you can be charged with a dui on a bike...you can also get one for riding a skate board or skates.
But if this guy was passed out and the cops didn't observe him riding drunk then the most they could get him for is drunk in public.
2007-08-01 03:34:24 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Yes!!! In most states bicyclists have all of the responsibilities (and some of the rights) of a motor vehicle. They have to stop at red lights, signal turns, etc... You can get a ticket for any of these types of violations. So...if you ride your bike drunk, it's a dui/dwi. (I'm still waiting for a cop to pull me over for speeding lol)
2007-08-01 03:30:17 · answer #6 · answered by Shoeless Joe 3 · 4⤊ 0⤋
No - Called "drunk driving" or "driving while intoxicated," this term means operating a motor vehicle.
EDIT - Checked it out and I'm wrong. Many states specify any person who “…drive[s] any vehicle…” and C.R.S. § 42-4-102(112) specifically defines a bicycle as a “vehicle.” Accordingly, the DUI statute does apply to any person operating a bicycle.
Though the criminal penalties for DUI would apply, you would not have any adverse action on your motor vehicle driver’s license. Good for you for planning not to drink and drive! If you’re going to have “one too many,” a cab, bus, or designated driver would be a better idea than your bike.
2007-08-01 03:33:27 · answer #7 · answered by Robert S 6 · 1⤊ 2⤋
You sure can.
We had a guy in my county not too long ago that got one riding a riding lawn mower cutting his own grass.
If that can happen, you certainly can get one riding a bike.
2007-08-01 03:37:24 · answer #8 · answered by scottdman2003 5 · 1⤊ 0⤋
If you are not following the rules of the road and a cop sees you he can charge you with dui or he could choose to charge with drunk and disorderly.
2007-08-01 03:29:03 · answer #9 · answered by elaeblue 7 · 3⤊ 0⤋
Yes a guy on the news just the other day got one on a ridding lawnmower.
2007-08-01 03:35:06 · answer #10 · answered by Eddie B 2 · 2⤊ 0⤋
Only if you are sharing public roads. You can ride your bike drunk in your backyard or off-road all you want.
2007-08-01 03:40:29 · answer #11 · answered by Pfo 7 · 0⤊ 0⤋