Biking under the influence or Non-automobile DUI

You will be violating the law if you are caught riding or operating a motor bike or any other vehicle while under the influence. The first thing that comes to mind when one hears the term DUI/DWI is someone driving a vehicle while intoxicated. One would generally assume that vehicle would mean a car, SUV or a commercial vehicle. However, you can be charged with DUI/DWI if you are caught operating a bicycle or other type of vehicle.

What is a vehicle?

The type of vehicle for the purpose of DUI/DWI will depend on your state law. In some states, operating or riding a bicycle when intoxicated can result in a DUI/DWI charge. However, some states exclude bicycles from the definition of a vehicle for DUI/DWI. If you state DUI/DWI law includes bicycles, then you will be subject to the same rules and procedures as applicable to drivers of other vehicles. Perhaps the only difference is that you will not be subject to the administrative license suspension provision.

Types of vehicles

In some states, you can even be charged with DUI/DWI if you are caught riding an animal drawn vehicle while intoxicated.Vehicles such as:

  • All terrain vehicles,
  •  Golf carts
  • Pock bikes
  • Lawn movers
  • Go carts

are also considered as vehicles for the purpose of DUI/DWI laws.  The legal blood alcohol concentration does not vary depending on the type of vehicle involved in the offense. It is the same – 0.08 percent.


The penalties for DUI/DWI involving a bicycle are the same as for a DUI/DWI offense involving a regular vehicle. The penalties will depend on your history, amount of blood alcohol concentration and the circumstances of your arrest.


If you have been charged with DUI/DWI involving a non-conventional vehicle, contact an experienced DUI/DWI lawyer. Depending on your state laws and the circumstances of your arrest, you may have defenses available.

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