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Ever thought about going out for a night on the town and really turn up the fun but were concerned about how you were going to get home? Did you then wonder if you could just ride your bike up the block to the local tavern and ride it back down after your night of fun? Hopefully this article can answer your questions about whether or not you can be charged with driving under the influence (DUI) for riding a bike drunk.

Before I begin, however, let me point out that this article is for informational purposes only. I have not done a comprehensive search of each state's laws regarding this question, so your state's rules might be different. Before you decide to go out on the town and ride your bike drunk (or even ride your bike after drinking), please consult an attorney in your area just to make sure. Also, finally, the goal of this article is not to encourage people to ride their bikes drunk. Whether or not it is illegal, it is dangerous. The sole purpose of this article is to answer a question many people have.

Let's set the scene here to help answer our question. Let's say you are at home at night, in Bellevue or Seattle, Washington, for the purposes of the example, and you have a few beers while watching a game during the weekend. At the end of the game, hungry for some Dick's, you hop on your bike and make the approximately 1 mile journey toward hamburger heaven. While on your way to the restaurant, you are pulled over by a police officer. The officer notes that you weren't riding your bike straight, your breath smelled of alcohol, and your eyes were bloodshot (side note - you are guaranteed to see these physical symptoms almost one hundred percent of the time in police reports). After observing these signs, the officer asks if you'd be willing to take some field sobriety tests. You agree, and perform marginally (side note again - in Washington in particular, you should never agree to take field sobriety tests - you have no obligation to). At that point you are arrested on suspicion of DUI and taken down to the Seattle police station.

The question no becomes, is riding a bicycle while intoxicated a criminal act? The statute regarding driving under the influence, if, in our example, the guy was riding his bike in Seattle, reads, "A person is guilty of driving under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state..." RCW 46.61.502. Because of this, the questions then become, what is a "vehicle."

Vehicle is defined in Washington statutes (in keeping with the example) as "including every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include power wheelchairs or devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks. Mopeds shall not be considered vehicles or motor vehicles for the purposes of chapter 46.70 RCW. Bicycles shall not be considered vehicles for the purposes of chapter 46.12, 46.16, or 46.70 RCW. Electric personal assistive mobility devices are not considered vehicles or motor vehicles for the purposes of chapter 46.12, 46.16, 46.29, 46.37, or 46.70 RCW." Chapter 46.12 covers certificates of ownership and registration. Chapter 46.16 covers vehicle licenses, and chapter 46.70 covers dealers and manufacturers. What this means is at this moment it appears as though bicycles fall into the definition of vehicles under the DUI statute.

But not so fast. One of the great things about American law is that the courts (and your Seattle DUI attorney) are able to argue not only the plain language of the law, but the intent of the legislature when creating the law. In this case, a review of the legislative intent, combined with a review of other statutes, shows that bicycles were never really intended to be included in DUI laws. First, regarding legislative intent. The legislature altered the definition of vehicle not to encapsulate bicycles for drunk driving purposes, but to encapsulate bicycles in the traffic rules and regulations. Before this definition was altered, bicycles were not technically required to follow the rules of the road. Including bicycles in the definition of vehicles allowed that to occur.

Second, the definition for all other DUI related rules appear to include a reference to motor vehicles and require at least exercising control over a motor vehicle. This further promotes the idea that bicycles and bicyclists were not intended to be covered by DUI statutes. Additionally, the penalty for drunk driving itself doesn't make sense with someone on a bicycle. The primary punishment is suspension of driving privileges - only riding a bike doesn't require a license.

So, at least in our Washington example, if you ride a bicycle while drunk, you most likely cannot be convicted of DUI. And this rationale seems to apply to most other states as well. But, as I mentioned previously, before doing anything, please speak with an experienced DUI or criminal attorney.

If you or someone you know is charged with DUI, even if it's DUI on a bike, don't wait. Hire a Seattle DUI attorney or Seattle DUI lawyer today. The earlier you speak with and hire a criminal attorney, the better your criminal lawyer will be able to help you win your case.

Home Assembly Model Safety Bicycle $49.99 Home Assembly Model Safety Bicycle - Giclee Print

The Bicycle Thief $5.99 It’s time for the annual Junior Bike Race in Bayport, and Frank and Joe are the top contenders. Midway through the race, Frank runs over a nail and blows a tire. It seems as if the day couldn’t get worse—until Frank’s bicycle goes missing! Bayport’s leading bully, Adam Ackerman, seems to be the prime suspect. But when he proves that he wasn’t the bicycle thief, everyone becomes a potential culprit—even Mr. Mack’s dog, Lucy! Can Frank and Joe crack the case and bring Frank’s bicycle home?

Racer Bicycle black Bicycle Hooded Sweatshirt by CafePress $45 Racer Bicycle black Bicycle Hooded Sweatshirt Tee, TShirt, Shirt The hoodie: the perfect utilitarian piece of clothing. Leave your hat and scarf at home Stay warm and comfy in your Pullover Hooded Sweatshirt. This hoodie is constructed with a cotton/polyester blend - both durable and comfortable.Heavyweight 90

Big Wheel Bicycle Statuary $58 Big wheel bicycle statuary the antique charm of the big wheel bicycle statuary will add an interesting look to any space in your home. Whether youre looking to add an accent to your living room, home office or somewhere else, this piece will create th...

Bicycle $47.99 Robert To Bicycle - Art Print

Monarch 915E Exercise Bicycle $2050 The Monark 915E exercise bicycle is stable, functional and compact for personal use and for exercise prescribed by the doctor in the home or at the physiotherapist. This exercise bike is a top choice for warm up and training, plus rehabilitation. You ca

Bicycle Diaries (Unabridged) $15.19 Since the early 1980s David Byrne has used a bicycle as his primary form of transportation, both at home in New York City and while on tour throughout the world....

Bicycle Mystery (Paperback) $10.27 Henry, Jessie, Violet, and Benny used to live alone in a boxcar. Now they have a home with their grandfather and are going on a bicycle trip. On the first night of their journey, they get caught in a rainstorm, and take shelter in a mysterious, abandoned farm house.

The Bicycle $25.99 William Mangum The Bicycle - Art Print

The Bicycle Thief (Paperback) $10.27 It`s time for the annual Junior Bike Race in Bayport, and Frank and Joe are the top contenders. Midway through the race, Frank runs over a nail and blows a tire. It seems as if the day couldn`t get worse--until Frank`s bicycle goes missing! Bayport`s leading bully, Adam Ackerman, seems to be the prime suspect. But when he proves that he wasn`t the bicycle thief, everyone turns out to be a potential culprit--even Mr. Mack`s dog, Lucy! Can Frank and Joe crack the case and bring Frank`s bicycle home?

Crearreda CR57117 Bicycle Wall Stickers $41.3 This cool modern bicycle applique will be a great addition to the walls of any bike lover. The bike is now more than ever a symbol of young urban culture and now this can be represented in your dorm or home. Show your love of bike culture or just show off a cool wall decal with this bicycle applique.

The Island of Bicycle Dancers $9.99 Love, sex, death....and English as a foreign language. The Island of Bicycle Dancers is the coming-of-age-story of twenty-year-old Yurika Song, a Korean-Japanese woman who comes from Japan to New York City for a summer to work with her Korean relatives and improve her English. Yurika's friends back home have always joked that she is half-sushi/half-kim-chi. But cross-Asian ethnicities turn out to be far less jarring than her introduction to New York life, the world of bicycle messengers and the street culture in which they thrive. On one level this is a splendid tale of mistaken love-Yurika falls hard for an attractive, but dangerous, Puerto Rican bicycle messenger nicknamed "Bone." But on another, deeper level, our heroine finds freedom in this new language, which to her "is like a huge octopus, very clever and sometimes hard to catch but with so many wild and beautiful writhing limbs."

Vintage Bicycle Clock $24.95 This Vintage Bicycle Clock takes you back to the early days of bicycles, when well-dressed gentlemen stopped riding only to comb their handlebar mustaches. Bring these times back with this retro bicycle clock, which makes a great addition to any wall. Or, display the vintage clock on your desk with the kickstand, just like a real bike! This novelty clock spares no detail in looking authentic, including pedals, fenders, a seat, and a chain. If you know a bike enthusiast, choose this old-fashioned analog clock, which even has vintage-looking hands. It's about time you brought a piece of the 19th century home! Requires 1 AA battery, not included. Size: 19" x 13" x 3 1/2". Weight: 1.8 lbs. Type: Home Accents Color/Finish: Black

Bicycle Mystery 17 By Dunn, Joeming $41.9 Four young people find a lost pedigreed dog on a bicycle trip and, while trying to find its home, run into dog thieves. Author: Dunn, Joeming Series Title: The Boxcar Children Graphic Novels Set 3 Subtitle: Bicycle Mystery Publication Date: 2011/01/01 Number of Pages: 32 Binding Type: Library Grade Level: 23 Language: English Depth: 0.50 Width: 7.50 Height: 9.75

Sloane's New Bicycle Maintenance Manual $11.81 Eugene A. Sloane, one of the leading authorities on bicycles and bicycling, has completely revised and expanded his invaluable Bicycle Maintenance Manual , adding all new information on equipment, tools, and the latest in bicycle technology.  With more than 250 photographs, many of them detailing step-by-step processes such as installing a chain, mending a flat, and building a wheel, Sloane's New Bicycle Maintenance Manual is a must for cyclists of all levels of experience. The combination of illustrations and Sloane's extrememly accessible instructions makes tasks like adjusting brakes, removing derailleurs, and painting a frame projects you can take on at home.  THe dozens of topics covered also include: - tires, tubes and valves - cranks, chainwheels and chains -   handlebars and stems - wheel alignment and lacing - touring maintenance -  seats, seatposts and more

De Kooning's Bicycle $6.99 Some of the twentieth century's most important artists and writers--from Jackson Pollock to Saul Steinberg, Frank O'Hara to Jean Stafford--lived and worked on the East End of Long Island years before it assumed an alternate identity as the Hamptons. The home they made there, and its effect on their work, is the subject of these searching, lyrical vignettes by the critic and poet Robert Long. Pollock moved to Springs because he thought he wanted to stop drinking, but he found a connection to nature there that inspired some of the most significant paintings of our time. Others followed him. When Fairfield Porter bought a house in Southampton, the New York School suddenly had a new headquarters, and James Schuyler and Frank O'Hara found companionship and raw material for their poems on South Main Street and on the three-hour train ride between the city and the East End. Willem de Kooning rode his bike every day between his studio in the East Hampton woods and the bay, where the light informed every brushstroke he put to canvas from the early 1960s on. In De Kooning's Bicycle, Long mixes storytelling with history to re-create the lives and events that shaped American art and literature as we know it today, in a landscape where town met country and the modern met America's rural past.

Bicycle Horn $10 Bicycle Horn

Bicycle Planter $115 Bicycle Planter

One Bicycle in a Bicycle Rack $24.99 One Bicycle in a Bicycle Rack - Photographic Print

Beijing Bicycle $15.99 Beijing Bicycle

Bicycle Thieves $8.99 Bicycle Thieves

This entry was posted on Friday, September 14th, 2007 at 10:34 am and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.