What are the penalties for DUI on a bicycle?

Some states do allow bicycler’s to be ticketed for a DUI; you can face a fine and even loss of driver’s license. Most states, however, do not consider a bicycle a vehicle because many references in the law are to “motor” vehicles – bicycles do not have motors.

On the other hand, many drunk driving statutes refer to the operation of a vehicle, and then a bicycle would, in fact, be a vehicle.  Ohio, Florida, Oregon, Hawaii, and Colorado have interpreted the law in this way so the courts there have upheld convictions.  It is only Hawaii that has upheld the 90 day suspension of a driver’s license for this offense.

Additionally, some states have bicycle specific statutes with a separate set of penalties for DUI offenses – many of which just apply when you are riding on the street.  Most of these call only for a fine with no points and no loss of driver’s license.

If you get a ticket for bicycling under the influence, you will need to get a knowledgeable lawyer who can check the ins and outs of the laws in your state to ensure that your bicycle is, in fact, a vehicle under the law.