Yes, cycling while drunk really is a crime

[ny biker]

I'm glad the DC Court of Appeals upheld this conviction. I don't want to think about the mess it would cause if a court ruled that bicycle is not a vehicle. Not to mention, this guy needs to be punished.

http://www.news8.net/news/stories/0410/728882.html

[Eden]

Actually that totally depends on where you are - here in Seattle cycling while drunk is specifically not a DUI - you can have your bike confiscated for your own safety (you get it back - no fine, no fee) though you can receive a drunk and disorderly (or other appropriate ticket/s) if you otherwise make a nuisance of yourself, but the simple act of riding a bike at over .08 is *not* a crime here.

And its not that WA doesn't consider bicycles to be vehicles - that is clearly stated in our traffic laws - its that there are certain things that are recognized to only apply to automobiles. Like bicycles obviously are not required to have safety belts.....

[OakLeaf]

Eden, are you sure of that? I'm not seeing it in a cursory reading of the statutes. I do see the local option statute, that would allow Seattle to choose to charge bicyclists under their lesser ordinance, but it wouldn't exempt them from liability under state law if a prosecutor wanted to get serious.

There may be differences in the penalty - like, off the top of my head I think there are some states where your driver's license wouldn't be suspended for a CUI (not sure about it, and I don't really agree with it).

Equipment standards are a whole 'nother category from moving violations. Trucks and motorcycles obviously have equipment standards that differ from the ones applicable to passenger cars, but there's zero difference in rules of the road.

[Eden]

Absolutely sure of it - give me a little bit and I'll find the actual text.
(actually this is a state law - not just the city of Seattle)

working on it...

Here's our DUI
Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle, for the period prescribed in RCW 46.61.5055;

note that it says "motor vehicle" - other vehicular laws in our state only say "vehicle" if they apply to all vehicular traffic including bicycles. There is specific bicycle text - I'm working on that.

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.

[Eden]

Our RCW's really do call out some things as being very specific to bicycles or very specific to motor vehicles.

general rules read thus

(3) A vehicle passing around a rotary traffic island shall be driven only to the right of such island.

The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated:

rules that have been determined to only apply to motor vehicles (bicycles are not the only non-motorized transport recognized as a vehicle here) read thus

(1) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.

No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law:

[OakLeaf]

weird... because the Washington State Legislature page links to the following:

http://apps.leg.wa.gov/RCW/default.aspx?cite=46.61.502

which is not limited to "motor vehicles."



Edit: OIC, it appears you were citing the driver's license revocation statute: http://apps.leg.wa.gov/RCW/default.aspx?cite=46.20.285 which says - just as I guessed in my earlier post - that your driver's license can only be revoked for operating a MOTOR vehicle under the influence. All the other penalties still apply.