The BBC reports that drunk cyclists in Poland can be jailed, just as drunk motorists are.
I can't imagine biking drunk. I'm sure I'd fall off right away.
Pam
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The BBC reports that drunk cyclists in Poland can be jailed, just as drunk motorists are.
I can't imagine biking drunk. I'm sure I'd fall off right away.
Pam
It's not true :)
Sinse, circa about, 3 years right now ;)
In NC, you can be charged with a DWI just like a car driver....
Also true in Maine. The irony is that the person who was charged for riding drunk was riding because his license had been suspended for DWI :DQuote:
Originally Posted by Blueberry
SheFly
A friend of mine's younger brother took his bike for his 21st birthday celebrations, since he didn't want to "drive" drunk. Heh, he ended up busting his arm badly in a couple of spots upon crashing in the ditch. It wouldn't be a fun story if he'd ended up hurt worse or caused a serious accident with someone else, but the story as it stands is still pretty comical a decade later.
Just because it isn't motorized nor needing a driver's license for a bicycle, it does not free you from the obligation of "rules of the road".
And if you did get stopped for any traffic infraction while on your bicycle, it WILL go on your driver's license. This includes but not limited to: drunk driving (DUI), running a stop sign, speeding.
true in Washington too.
you can even get a ticket for riding a horse while you are drunk in the state of Idaho.
it's the state of being intoxicated which is the problem. the vehicle only makes it more dangerous.
No Mimi - it is specifically NOT illegal to drink and ride a bike in Washington.....
You cannot get a DUI, nor can you even be arrested. If you appear to be a danger to yourself the police can offer you a ride home and/or confiscate your bike (if you refuse the ride they have to leave you alone). Your bike can be reclaimed without penalty.
RCW 46.61.790
Intoxicated bicyclists.
(1) A law enforcement officer may offer to transport a bicycle rider who appears to be under the influence of alcohol or any drug and who is walking or moving along or within the right-of-way of a public roadway, unless the bicycle rider is to be taken into protective custody under RCW 70.96A.120. The law enforcement officer offering to transport an intoxicated bicycle rider under this section shall:
(a) Transport the intoxicated bicycle rider to a safe place; or
(b) Release the intoxicated bicycle rider to a competent person.
(2) The law enforcement officer shall not provide the assistance offered if the bicycle rider refuses to accept it. No suit or action may be commenced or prosecuted against the law enforcement officer, law enforcement agency, the state of Washington, or any political subdivision of the state for any act resulting from the refusal of the bicycle rider to accept this assistance.
(3) The law enforcement officer may impound the bicycle operated by an intoxicated bicycle rider if the officer determines that impoundment is necessary to reduce a threat to public safety, and there are no reasonable alternatives to impoundment. The bicyclist will be given a written notice of when and where the impounded bicycle may be reclaimed. The bicycle may be reclaimed by the bicycle rider when the bicycle rider no longer appears to be intoxicated, or by an individual who can establish ownership of the bicycle. The bicycle must be returned without payment of a fee. If the bicycle is not reclaimed within thirty days, it will be subject to sale or disposal consistent with agency procedures.
I agree with Oak on one point - not having to be licensed does not free you from having to follow the rules of the road - you can get a jay walking ticket after all, and you don't need a license to walk.... but on the second, I disagree with any cycling infraction going on your driver's license (which in this state it should not) because most simply - you do not need a license to cycle. In fact you cannot even be asked to show one in the case you are stopped by a police officer, if you are not *driving*.... You can't lie about your name, in many cases you may refuse to give your name (even if it is not necessarily a good idea... the police can make your life difficult if you won't name yourself), but in all cases (I think to this point) its been upheld by higher courts that unless you are driving you do not have to give ID. Bottom line - you give up a lot of rights for the privilege of driving...
The NC Law has caused quite a bit of debate. The general consensus seems to be, however, that you CAN get a DWI on a bike and that it will go against your license. It's not the wisest move IMO - but they didn't ask me;)
I really like the WA state statute. It makes sense - personally, I would rather people bike drunk than drive drunk.
I had a car in college, but I rode my bike everywhere. One of my favorite things to do was catch a nice beer buzz and ride home. *shrug*
Of course that was twenty-something years ago. A few weeks ago I had a couple of beers after work and rode home, and all I could think about was how badly I had to pee. Ah, youth. :p
In California, you can be arrested for drunk riding, but it's a $250 fine, a possible night in the drunk tank, and can go on your record, but it does not go against your license.
I was actually quite surprised to find out about the laws here in WA. I think the east coast, where I grew up is a bit less liberal about public intoxication - I'm pretty sure you can be arrested for something like "drunk and disorderly" - but not out here.
If you are wandering around completely messed up an officer can offer to take you home or somewhere safe, but if you say no they basically have to leave you alone. Unless you are breaking some other law or they think you are a danger to yourself they can't force you to do anything... if they do think you are putting yourself or other people in danger they can take you to the ER or to a drug/alcohol treatment facility, but not to jail... I now understand why I see "welfare checks" on the police scanner... if someone is lying out on the sidewalk (well usually in the grass strip) they go, wake them up, ask them if they are OK, but that's usually the extent of what happens....
I was startled to read the BBC article linked by PamNY. An average sentence of close to a year of jail seems rather steep. The article seems to suggest that drunk cyclists are being treated just like drunk car drivers.
From the discussion that followed in this forum, it is interesting how heterogeneous, I would say eve capricious, the legislation regarding riding drunk is across states.
:confused::confused: I was told that if you were to blow by a stop sign, you would get a moving violation and it went on your driving record meaning against your driver's license. So drunk riding would be the same I thought...Quote:
Originally Posted by andtckrtoo
I'm back in California for a while tending to my house down here. I should call my police chief here and ask him. I plan to be back in Oregon in about a week or so.
Several sites stated the same thing. I think a moving violation is different. Leave it to California to be so odd.Quote:
Originally Posted by smilingcat