Beware! EBike DWI/DUI

[rdvi5]

On this mornings commute, I was reading about a Mississauga/Ontario woman who had been charged on Wednesday by Toronto police for riding her EBike with a blood alcohol level of 80 milligrams. Although it is not considered an offense under the Ontario provincial traffic act, she was charged under the federal criminal code. It appears the federal criminal code considers EBikes to be motorized vehicles, since the bike can move without requiring pedaling. Does that mean pedelec only bikes are OK?

The penalty includes an immediate 90-day drivers license suspension, possible 1-year driving ban, a fine, and a permanent criminal record.

 

[The fingers]

In Cali any bicycle is a vehicle so a DUI is possible wether electric or not.

 

[amberwolf]

Most places, bicycles are considered vehicles, with the same rights and responsibilities as anything else on the road.

On occasion, police will resort to "public intoxication" laws, where such exist, when they can't use the DUI/DWI/OWI laws, to remove a dangerous drunk rider from the roads.


In some cases, the ways laws are written, it may require the *ability* to get a license (i.e., not having a suspended or revoked one) to even ride a bicycle on the roads or public ways (possibly including sidewalks), so getting a suspension may turn even a regular pedaller (no assist) into a walker. Even if (like me) you have never had a license, and are perfectly legal to ride, once a legal determination has been made that you are ineligible for a license, then in those places you would no longer be able to ride at all, evne though riding itself doesn't require a license (just the eligibility for one).

 

[Kingfish]

In WA-State you can definitely get a DUI whilst riding a bike, but for the life of me I don't know how'd they go about preventing from riding a bike again... Not that I want to find out. The days of riding my bike to the brewery are long over, and triplely so now that I'm electric; it's just a faster way to crash and burn. Heck I get enough of that just from being sober

Walkin' to the pub, KF

 

[dogman dan]

Yeah basicly, shitfaced in the streets is still some kind of crime. There have been plenty of horse dui's in this state.

 

[wineboyrider]

I am resisting posting something controversial and/or stupid in my drunken state, but I definitely won't be riding my ebike tonight..

 

[ZOMGVTEK]

Everything is illegal in NY state.

That said, I don't know of anyone who actually got charged with a DUI/DWI on a bicycle, powered or not. Powered bicycles of any kind are specifically prohibited on public roadways in NY, so that would be another offense.

 

[Chalo]

In WA-State you can definitely get a DUI whilst riding a bike, but for the life of me I don't know how'd they go about preventing from riding a bike again... Not that I want to find out. The days of riding my bike to the brewery are long over, and triplely so now that I'm electric; it's just a faster way to crash and burn. Heck I get enough of that just from being sober

Walkin' to the pub, KF

Cops make all sorts of decisions, consistent with the law or not, whether they know the law or (more likely) not. So yes, a cop could crack down on you for riding drunk in Washington State-- but the law does not support that.

From http://www.washingtonbikelaw.com/am...nter_bike_law_washington_state_different.html:

9. Drunk Riding is Not Subject to DUI Laws
While it may not be legal to ride without a helmet, it appears to be legal to ride while intoxicated. There is a specific RCW provision on “Intoxicated bicyclists”. It allows a police officer to “offer to transport a bicycle rider who appears to be under the influence of alcohol or any drug” to a “safe place”. [RCW 46.61.790] However, it also states that the officer “shall not provide the assistance offered if the bicycle rider refuses to accept it.”

Apparently, the worst that can happen (at least as far as criminal issues are concerned) is the impoundment of a bike “if the officer determines that impoundment is necessary to reduce a threat to public safety, and there are no reasonable alternatives to impoundment.” And, “The bicycle must be returned without payment of a fee.”

The Washington Court of Appeals specifically held in City of Montesano v. Daniel Wells that “neither legislative intent, the statutory scheme, nor public policy support the conclusion that [the DUI law] was intended to apply to bicyclists.”

I saw other such summaries posted at bike shops during my time in Seattle.

Chalo

 

[Jason27]

how the hell do you get pulled over being drunk on an electric bike? do cops sit and wait for you to come out of a bar and pull you over? lol

 

[amberwolf]

Most likely the same way they catch drunken car drivers--by seeing them do unsafe things while driving/riding that are common to drunks, but which would probably be even more obvious on a two-wheeled vehicle like a bicycle, particularly weaving about all over the road.

I see this with some people on regular bikes around here, often when they come into the store I work at to steal things (presumably to sell for more booze?), and you can smell the alcohol on htem so strongly you might worry about them igniting. Sometimes they ramble on and on without prompting, and when getting on or off their bikes a couple of them complain about having to ride the bike because they got their license and car taken away for too many DUIs and accidents.

 

[Kingfish]

Well Chalo, you could be right.

Frankly, I have zero ambition to test the patience of the Redmond PD. Considering that my electric bike is more powerful than a moped, I fear to be at a disadvantage if required to explain should I have any alcohol content more than that of a breathmint in my breath. Best to leave sleeping dogs lay. :wink:

Walking suits me fine for the purposes of travel to and from ye public houses of illumination and camaraderie: Where an individual can order up from free flowing taps a most satiable inoculate against possibly all forms of discrimination, and topping the blend with a shaker of optimism and joy… simply by sipping slowly in long overdue draughts the heady fermented barleycorn, quenching bittersweetly the deep dry boughs of my ambitious and disquiet soul. 8)

Hmmm, empty glass. A chance for refill!
~urp* with gladness, KF

 

[auraslip]

I think you mean, "best to let sleeping hogs lay."

Cops don't even look at me on my bike once they see me pedaling. Not worried at all. Maybe I'm a really safe rider? I'm really irresponsible though. I've rode home black out drunk at 5am more times than I can remember. Then again, I stay off the main roads and try not to mingle with traffic since they're more of a danger too me than I to them. My slow front wheel drive bike always seems to pull me home safely.

But yeah. Cops DO give PIs to drunk kids on bikes. And if you're drunk enough to attract that sort of attention and are riding a bike you probably deserve it.
But a DUI? That is a bit of a stretch.

Not having to worry about getting a DUI is pretty amazing though. It means I'm always DD for my friends, since I don't own a car. What would ruin their life would only be a night in jail for me. But I really try hard not to let that be an excuse to to drive drunk (not the too conservative legal definition, but my definition)

 

[Kingfish]

I think you mean, "best to let sleeping hogs lay."

:lol: Yes, I mispoke! Good one :wink:

~KF

 

[Gregor]

Dang Kingfish, you are a true poet.
Unfortunately, if law enforcement sees an adult on an electric bike they may assume that they have their driver's licence suspended (and they don't assume that we are trying to save gas and just have fun). It just makes sense to be as safe as possible--wear a helmet, be aware of your surroundings, and have a breathalizer interlock hooked up to your ebike to keep you from turning it on when you're too buzzed!

 

[Dauntless]

how the hell do you get pulled over being drunk on an electric bike? do cops sit and wait for you to come out of a bar and pull you over? lol

They wait outside like that all over. But then I have a restaurant section in my town and they must write thou$and$ of dollar$ in ticket$ Friday/Saturday, jaywalking, etc. Drunks on bikes only seem to get traffic violations even though they're falling over. Well they probably deserve to be arrested, but wouldn't you rather the drunks learned to ride instead of driving, so I think I understand.

Best to indeed say "Sleeping hogs lay." Wouldn't want to encourage those hogs to do any more LYING, now would we?

 

[TotalConfusion]

The fact is that if you get into a car or on a bike while intoxicated you are a danger for others and yourself and you should be charged with a DUI if you get caught.

Im with Ethan on this.

As far as im concerned being drunk and taking control of anything that is self propelled isnt a good thing at all.

 

[friendly1uk]

UK. Drunk in charge rules cover anything.

Drunk in charge of a pram. Oh yes... a pram is common. Drunk in charge of a double buggy has been done. Drunk in charge of a boat, hovercraft or minor(child)

Points for your skate board? indeed!

 

[gogo]

The fact is that if you get into a car or on a bike while intoxicated you are a danger for others and yourself and you should be charged with a DUI if you get caught.

Im with Ethan on this.

As far as im concerned being drunk and taking control of anything that is self propelled isnt a good thing at all.

You're more likely to hurt only yourself than others, and the extent to which you can hurt others while riding a bike compared to driving a motor vehicle should allow for a penalty very near pedestrian public intoxication and nowhere near vehicular DUI penalties.

Motor vehicles are truly potentially deadly weapons. The potential for a bicycle to be a deadly weapon is minuscule in comparison.

 

[wineboyrider]

I'm with gogo and a person might have a chance in a jury trial.?

 

[MadRhino]

You can be charged just walking on the streets drunk. Some should be charged even when they are not
Better being drunk than idiot, it doesn't last as long :wink:

 

[Ch00paKabrA]

NJ bicycle laws are interesting. If I am riding the bike on t he street, then I am a vehicle. So, if I am hit by a car or vice versa, then it is a collision between 2 vehicles. If I am riding on the sidewalk (no ebikes on the sidewalk) then I am considered a pedestrian. If car hits me while I am on the sidewalk or in a crosswalk, then the car just struck a pedestrian. Too bad you can ride an ebike on the sidewalk. Bottom line; ride on the sidewalk if you are drunk.

 

[Punx0r]

UK. Drunk in charge rules cover anything.

Drunk in charge of a pram. Oh yes... a pram is common. Drunk in charge of a double buggy has been done. Drunk in charge of a boat, hovercraft or minor(child)

Points for your skate board? indeed!

As far as I can see from a quick bit of research, there is no offence committable on a bicycle that allows penalty points to be added to a motor vehicle licence. However, there is apparently one law that allows the possibility of disqualification from driving motor vehicle as a result of a terrible-enough act committed on a bicycle.

As many people point out regarding the drunk-in-charge aspect of the 1872 Licencing Act, the same Act also makes it an offence to be drunk in any public place, including in a pub, and is clearly not well enforced

 

[friendly1uk]

Your skate board would need to be motorised to get points. Here on es they all are, so it's within the scope of this thread. Though I should of said motorised, having just been talking about double buggies. But hay, arn't all our double buggies electric here? lol

 

[Punx0r]

Fair point, I completely agree if it's a motorised vehicle.