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  1. #1
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    DWI/DUI on a bicycle?

    Can you recieve a dwi/dui while riding a bicycle under the influence? Specifically in NY.


    Thanks in advance!

  2. #2
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    Don't know about NY, but you can get a DUI on a bike in PA.
    Steve

  3. #3
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    You can in Az. too. My GUESS is you could in NY also. Many States require cyclists to obey the same laws as motorists. Has it ever been done? I only know of 1 time here a LEO did a cyclist for DUI

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    In AZ ?? Come on ... I know Hemi probably rode his bike to work at Mr. Slate's quarry back in the day, but no way... no motor, no DUI!

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    I arrested some punk kid for this a couple weeks ago. He kept mouthing off and yelling insluts at us as we were making an arrest. We told him to leave but he refused so he went to jail for DUI on a bike...

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    I've hooked for it in CA.... 21200 CVC
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  7. #7
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    Quote Originally Posted by JI603 View Post
    In AZ ?? Come on ... I know Hemi probably rode his bike to work at Mr. Slate's quarry back in the day, but no way... no motor, no DUI!


    This is correct, if it is under human power, you cannot get a DUI.
    "When I close my eyes.....I'll see you on the other side....!!!"

    Hate to put it this way skippy, buy every night I suit up and climb in the cruiser I'm at war. I'm always outnumbered, potentially out gunned and always behind enemy lines.

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    Yes for Indiana. Even a horse,riding mower or tricycle. I believe the statute reads any conveyance for land air or water.
    "Laws that forbid the carrying of arms. . . disarm only those who are neither inclined nor determined to commit crimes. . . Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." - Thomas Jefferson

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    I've heard prosecutors here in Texas state they'll prosecute a DWI arrest for a person on a bicycle, but I wouldn't do it myself. I would charge them with Public Intoxication instead. If they're that intoxicated that they could theoretically be DWI, they're definitely a danger to themselves and to others.

  10. #10
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    Here, they let most real DUIs plea to reckless driving so even if I could for a bicycle (which I can't), I wouldn't waste 2 to 3 hours for a drunk on a bicycle.
    The liberal politician has the only job where they go to the office to work for everyone but those who pay their salary.

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    Yes here in Florida. It's usually reserved for people who need to go to jail so bad that we're willing to do the extra paperwork for the DUI. The first one (first of two) I ever did was almost felony for 3rd in 10 years... but I missed it by a year (had convictions in 97, 99, and that one... or something like that). Like I said it's usually not done just because the point of making a DUI arrest is to make the streets safer and USUALLY a drunk homeless guy riding through a parking lot to his woods at 0300 isn't a whole lot of danger.

  12. #12
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    Quote Originally Posted by Omega17632 View Post
    This is correct, if it is under human power, you cannot get a DUI.
    So you can't get a speeding ticketeither, is what you're saying? Sorry, I've seen both DUIs & Speeding tickets issued to cyclists, especially in school zones. That's precisely why MV laws apply to cyclists.

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    Quote Originally Posted by JI603 View Post
    In AZ ?? Come on ... I know Hemi probably rode his bike to work at Mr. Slate's quarry back in the day, but no way... no motor, no DUI!
    Sorry mate, but you are wrong. I doubt ARS has changed that much in 5 years, as you could easily be charged with DUI while operating any "vehicle" on the highways.

    As others have stated, a bicycle must obey the same laws as a motor vehicle, and as such is considered similar to a vehicle when on the highway. Reference ARS 28-812 and 1381. The only time you will see motor mentioned is in regards to commercial vehicles.
    Last edited by smk99; 11-10-2008 at 01:04 PM.

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    Bicycles are held by same vehicle laws but DUI by bike I don't know. More than likely somebody would take them for Public Intox before a DUI on a bike.
    Where'd you learn that, Cheech? Drug school?

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    Oh, I understand where"Omega" is coming from, it's just that in this instance he's wrong. But since the OP isn't in Az., does it really matter?

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    Quote Originally Posted by JDCOP View Post
    Bicycles are held by same vehicle laws but DUI by bike I don't know. More than likely somebody would take them for Public Intox before a DUI on a bike.
    You could also possibly hit them with a obstructing / interfering with traffic charge. That could be a stretch, but I have used it on a skateboarder once.

  17. #17
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    Yes in GA, only difference is that there are no license suspension penalties assessed. I have known a bike officer (as in bicycle) at my old department that was notorious for this. Most were Habitual Offenders that had already been warned or were causing such havok that something had to be done more serious than a public intox.

  18. #18
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    You CANNOT receive a DUI/DWI on anything without a motor in MN, this includes bicycle. You have to read how your state stats define bicycle though. In MN you CANNOT!

  19. #19
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    Quote Originally Posted by Omega17632 View Post
    This is correct, if it is under human power, you cannot get a DUI.
    BS I have done it.

    Quote Originally Posted by smk99 View Post
    Sorry mate, but you are wrong. I doubt ARS has changed that much in 5 years, as you could easily be charged with DUI while operating any "vehicle" on the highways.

    As others have stated, a bicycle must obey the same laws as a motor vehicle, and as such is considered similar to a vehicle when on the highway. Reference ARS 28-812 and 1381. The only time you will see motor mentioned is in regards to commercial vehicles.
    What he said is correct 28-812 says a bicycle is not exempt from 28-1381 which is the DUI law along with 1382 and 1383.
    Why do people think they have the right not to listen when they are told to roll a window down or unlock a door?

  20. #20
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    Not in Tennessee...

  21. #21
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    fluff laws

    There are so many laws on the books as it is that it probably is illegal in many states of the union to ride a bike drunk. I don't nor do most make arrest based on the Letter of the law but on the spirit of the law. If a guy drunk on a bike is not a threat to others why arrest him for DUI? Drunk in public would be more fitting IMHO. Besides, a Bicycle is not a motor vehicle.
    Last edited by Nightshift va; 11-11-2008 at 09:38 AM.
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  22. #22
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    I don't see how you can charge DUI on a bicycle in Arizona. 28-1381 uses the language "vehicle", not "motor vehicle", but a bicycle is clearly exempted from the definition of a "vehicle" in 28-101. Furthermore, 28-812 requires bicyclists to all duties and regulations of the driver of a vehicle, "except special rules in this article and except provisions of this chapter and chapters 4 and 5 of this title that by their nature can have no application. " It seems pretty clear to me that, without a "vehicle" as defined by statute, you can't be driving or in actual physical control of a vehicle, as the statute requires.

    In any case, I know they wouldn't charge it in Pinal County....if other places are making it work, more power to ya!
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  23. #23
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    As far as I was aware you couldn't charge DUI for riding a bicycle in AZ.

    I just looked it up. You can't get a DUI on a bicycle according to ARS.
    Last edited by Desert DPS; 11-11-2008 at 10:28 PM.

  24. #24
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    Ok so my Sgt. a DPS ofc and the rest of my dept is wrong?? So I take it my instructors of Title 28 are wrong too??

    812 says A person riding a bicycle on a roadway or on a shoulder adjoining a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter and chapters 4 and 5 of this title, except special rules in this article and except provisions of this chapter and chapters 4 and 5 of this title that by their nature can have no application.

    Which means they have to follow the same laws as a vehicle except in special rules in this article and except provisions of this chapter and chapters 4 and 5 of this title that by their nature can have no application.

    And last time I checked there is no exception for a bike in 1381 or 1382. And the one I got sticked and the one a fellow ofc got sticked too.
    Why do people think they have the right not to listen when they are told to roll a window down or unlock a door?

  25. #25
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    This sounds like one of those laws the City/ County Prosecutor decides. Here in Maricopa county DUIs HAVE been filed on cyclists. Apparently other county Attys have a different view. It makes no difference to me. As I read the statute(s) you can be prosecuted & so far I haven't heard it actually getting turned down. It just doesn't make sense- --- a cyclist could be the cause of a major/fatal accident & you have nothing to charge him with? Perhaps that's why the Prosecutor here files on them --so as not to set a precedent exempting cyclists from obeying ALL traffic laws......

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