With the movement to “go green” and the warming weather, many are turning to their bicycles as an alternative mode of transportation. This trend has sparked debate in dorms, bars, and frat-houses about whether you can get a DUI on your bike. Almost every group will have that one guy who claims that his cousin’s best-friend’s sister got a DUI on a skateboard. While these stories may have a valid purpose in dissuading would-be drunk bikers, they are for the most part (at least in Illinois), urban legend.

Boring Legal Stuff
The DUI statute prohibits operating a “vehicle” with a blood alcohol concentration of more than .08. The Illinois Vehicle Code (of which the DUI statute is part of) defines “vehicle” and specifically excludes “devices moved by human power” from the definition. An Illinois Appellate court has interpreted this as generally taking bicycles outside the purview of the DUI statute. So, the bottom line: unless your bike has an attached motor or some other mechanized add-on, you probably can’t be convicted of DUI.

But . . .
However, you should keep a couple things in mind:
First, by statute, you are still are subject to the same duties as “the driver of a vehicle.” Therefore, you are vulnerable to a slew of other citations and offenses (including public intoxication, being intoxicated on a roadway, or a number of felonies if you cause an accident). These charges have serious repercussions, some of which can dwarf those associated with a DUI.

Second, while the law may be on your side, physics is not. That is, the 2 tons of steel (known as an automobile) doesn’t care what the Illinois Vehicle Code says as it thunders down the road at 65 m.p.h. Irrespective of the legal technicalities, trying to navigate traffic, potholes, and pedestrians without 100% of your coordination is unwise and unsafe (especially for you).

Finally, as with the previous submission, this article is based on Illinois law. So if you’re that rare combination of biking/drinking enthusiast and plan to cover several states on your Huffy, be aware that these states may (1) define “vehicle” differently, and/or (2) allow for a DUI charge if the bike is operated on a roadway.

Conclusion
Despite what you see on Michelob Ultra commercials, exercise and drinking are supposed to be two separate and distinct activities. So if you are drinking, park that bike in the garage and enjoy your cocktails in a dark, dingy bar like the rest of us.

Timothy J. Fiscella
Law Office of Timothy J. Fiscella
111 W. Washington, Suite 1025
Chicago, Illinois 60602
708-415-7791
tjfiscella@TJFiscellalaw.com
Practice Areas: DUI, traffic, misdemeanor, drug possession, expungements