Can You Get a DUI on a Bike? What You Need to Know
Driving under the influence is a very serious crime and something you would never do. If you’re too intoxicated to get behind the wheel, then you wonder what else your options are besides calling an Uber or Lyft home. Could you ride your bike or is it possible to get charged with a DUI when cycling?
Some states do count biking under the influence as a DUI, and if so, the severity will be just as much as if you were driving drunk. In other states, you might be pulled over if you’re under the influence and detained but not charged with a DUI.
In this guide, I’ll take you through all the states that do charge you with a DUI for cycling under the influence as well as those that don’t. I’ll also discuss how you might be punished for a bike-related DUI and how long the crime stays on your record, so keep reading!
These States Can Charge You with a DUI for Riding a Bike Drunk
A DUI is short for driving under the influence. Technically, when you ride a bike, you’re driving it, so many states do indeed count cycling under the influence as a DUI.
Here is the full list of those states.
- Alabama
- Colorado
- Connecticut
- Washington, DC
- Florida
- Georgia
- Hawaii
- Idaho
- Indiana
- Maryland
- Mississippi
- New Hampshire
- North Carolina
- North Dakota
- Ohio
- Oregon
- Pennsylvania
- Rhode Island
- South Dakota
- Texas (although DUI crimes on bikes are rarely pursued to the full extent of the law)
- Utah (the same goes here)
- Wyoming
That’s about half the states in the US that will punish you with a DUI if you ride your bike tipsy or drunk.
If you live in these states or are traveling through them and you want to enjoy an adult beverage or several, you’re much better off calling an Uber or a Lyft to get you back home or to your hotel.
Although these are costly transportation services, what’s far costlier in a multitude of ways is getting slammed with a DUI. You only need to keep reading to realize that.
These States Will Not Charge You with a DUI for Riding a Bike Drunk
Not every state applies DUI charges to cyclists.
Please don’t be mistaken. That doesn’t mean these states don’t charge for DUIs if you drink and drive, but rather, these states only count it as a DUI if you’re driving in a motor vehicle and not riding a bike.
Here’s the full list for your perusal.
- Arizona
- Arkansas
- California*
- Delaware**
- Illinois
- Iowa
- Kansas
- Kentucky
- Louisiana
- Massachusetts
- Michigan
- Minnesota
- Missouri
- Montana
- Nebraska
- New Hampshire
- New Jersey
- New Mexico
- New York
- Oklahoma
- South Dakota
- Tennessee
- Vermont
- Virginia
- Washington***
- West Virginia
- Wisconsin
* In California, a series of laws exist prohibiting cyclists from riding a bike when under the influence of alcohol. Thus, the state doesn’t need to charge cycling drunk as a DUI since you’re breaking the law in other ways if you pedal around when drunk.
** Delaware has a state law outlawing bike owners from pedaling on the road if they’re under the influence of any sort of substance, be that alcohol, drugs, or even both. This is to promote the safety of pedestrians.
***Washington state has a court-ruled order that you cannot be charged with a DUI for riding your bike when drunk. That doesn’t mean that police cannot intervene though, and they very often will.
A police offer will either impound your bike if they think you and the bike are a public danger or they’ll transfer you to a location they deem safe.
You can retrieve your bike if it’s impounded, but you’ll have to pay to do it.
How Drunk Do You Have to Be to Get a DUI?
For the rest of this article, we’ll focus more on those states that do count biking drunk as a DUI. This way, you’re equipped with all the knowledge you need to make smart, informed decisions.
First of all, how drunk is drunk enough that you could be charged by police with a DUI for riding a bike?
Your blood alcohol concentration or BAC must be at least 0.08. That seems to be the uniform level across the US.
Of course, if your BAC is higher still, then you’d definitely be charged with a DUI.
BAC is simply a measurement of how much alcohol is in your bloodstream at any one time. If you have a BAC of 0.10 percent, then for every 1,000 parts of blood in your system, there’s one part alcohol.
You can have a BAC of 0.08 and not necessarily feel very drunk. You might not begin struggling to walk or slurring your speech until your BAC is higher than 0.08 and closer to 0.40.
It’s different for everyone. If you drink often, then it takes more alcohol for that buzz to set in. That doesn’t mean you’re not legally intoxicated though.
Since most people don’t walk around with breathalyzers unless they’re legally mandated to, they might have no idea what their BAC is. That’s how many DUI charges start.
What Will the Punishment Be If You Get Charged with a DUI for Riding a Bike Under the Influence?
For the rest of this section, I’m not differentiating between a DUI obtained in a car versus on a bike because the states that will charge you with a DUI aren’t differentiating between the two either.
What your punishment is for a DUI is not so cut and dried. If this is your first crime and your first DUI, then the severity of your punishment is not as serious compared to someone who has several DUIs on their record.
Once you get in front of a judge and explain that the DUI happened on your bike and not in a car, you could get further leniency still.
The amount of damage you can cause on a bike when operating it drunk pales in comparison to what you can do in a car.
I’m not saying either is okay, but just explaining what the judge’s rationale may be. Then again, that depends on your judge.
Keeping all this in mind, here are the punishments you might incur and how they vary by state.
Fines
I hope you have some cash lying around. Besides paying for your bail to get out of a jail cell, being hit with a DUI charge also means having to pay a fine.
At the very least, the fine is going to be a couple of hundred dollars, but it can be a few thousand dollars.
Here are the fees for a DUI by state:
- Alabama – $600 to $2,100
- Alaska – $1,500
- Arizona – At least $250 but likely more
- Arkansas – $150 to $1,000
- California – $1,400 to $2,600
- Colorado – $500 to $1,000
- Connecticut – $500 to $1,000
- Delaware – $500 to $1,500
- Washington, DC – $300 to $1,100
- Florida – $500 to $2,000
- Georgia – $300 to $1,000
- Hawaii – $150 to $1,000
- Idaho – No more than $1,000
- Illinois – No more than $2,500
- Indiana – $500 to $5,000
- Iowa – $625 to $1,200
- Kansas – $750 to $1,000
- Kentucky – $600 to $2,100
- Louisiana – $1,000
- Maine – $500
- Maryland – $500 to $1,000
- Massachusetts – $500 to $5,000
- Michigan – $100 to $500
- Minnesota – $1,000
- Mississippi – $250 to $1,000
- Missouri – No more than $500
- Montana – $300 to $1,000
- Nebraska – No more than $500
- New Hampshire – $500 to $1,200
- New Jersey – $250 to $500
- New Mexico – No more than $500
- New York – $500 to $1,000
- North Carolina – Up to $200
- North Dakota – $500 to $750
- Ohio – $250 to $1,000
- Oklahoma – No more than $1,000
- Oregon – $1,000 to $6,250
- Pennsylvania – $300
- Rhode Island – $100 to $500
- South Carolina – $400 to $1,000
- South Dakota – $1,000
- Tennessee – $350 to $1,500
- Texas – No more than $2,000
- Utah – $700
- Vermont – No more than $750
- Virginia – At least $250
- Washington – $865.50 to $5,000
- West Virginia – $100 to $1,000
- Wisconsin – $150 to $300
- Wyoming – No more than $750
Jail Time
You can also be imprisoned for a DUI and likely will be.
Some states will only detain you for a short period until you’re deemed to no longer be a public health risk, but others can keep you for far more extended sentences.
Here is the amount of jailtime you’ll face for a DUI per state.
- Alabama – None
- Alaska – At least 72 hours
- Arizona – At least 24 hours
- Arkansas – At least 24 hours up to a year
- California – Four days to six months
- Colorado – 180 days to one year
- Connecticut – Two days to six months
- Delaware – No more than six months
- Washington, DC – No more than 90 days
- Florida – Six months to nine months
- Georgia – At least 24 hours up to a year
- Hawaii – None
- Idaho – No more than six months
- Illinois – No more than a year
- Indiana – 60 days to one year
- Iowa – At least 48 hours up to a year
- Kansas – At least 48 hours
- Kentucky – None
- Louisiana – Two days to six months
- Maine – One month
- Maryland – Two months to one year
- Massachusetts – No longer than 30 months
- Michigan – No longer than 93 days
- Minnesota – No longer than 90 days
- Mississippi – No longer than two days
- Missouri – No longer than six months
- Montana – Two days to six months
- Nebraska – Seven days to 60 days
- Nevada – Two days to six months
- New Hampshire – None
- New Jersey – No more than 30 days
- New Mexico – No more than 90 days
- New York – None
- North Carolina – 24 hours to one year
- North Dakota – None
- Ohio – Three days to six months
- Oklahoma – Five days to one year
- Oregon – Either two days or up to 80 hours spent in community service
- Pennsylvania – None
- Rhode Island – No more than one year
- South Carolina – 48 hours to 90 days
- South Dakota – No more than one year
- Tennessee – At least 48 hours up to 11 months
- Texas – Three days to 180 days
- Utah – At least 48 hours
- Vermont – No more than two years
- Virginia – At least five days
- Washington – At least 24 hours up to one year
- West Virginia – No more than six months
- Wisconsin – None
- Wyoming – No more than six months
Ignition Interlock Device
Now, whether you’ll be forced to use an ignition interlock device on your vehicle or have your license suspended for a DUI that occurred on your bicycle will vary on a case-by-case basis.
Potentially, you won’t have your car locked or your license revoked since the incident happened on your bike and there are no bike licenses.
However, since many states treat bicycle DUIs the same as a vehicular DUI, you can never say never.
These states do require an ignition interlock device as part of a DUI punishment:
- Alaska
- Arizona
- Arkansas
- California (varies by county)
- Florida
- Illinois
- Iowa (if your BAC is higher than 0.10)
- Kansas
- Minnesota
- New Mexico
- New York
- Oregon
- Pennsylvania (if you refuse a chemical test when pulled over)
- Tennessee
- Virginia (if your BAC is 0.15 or higher)
- Washington
- Wyoming (if your BAC is 0.15 or higher)
These states don’t require an ignition interlock device:
- Alabama
- Colorado
- Connecticut
- Delaware
- Washington, DC
- Georgia
- Hawaii
- Idaho
- Indiana
- Kentucky
- Maine
- Maryland
- Massachusetts
- Mississippi
- Nebraska
- New Hampshire
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Rhode Island
- South Carolina
- South Dakota
- Texas
- Utah
- Vermont
- Wisconsin
License Suspension
Should you face the suspension of your vehicular license as associated with a bike DUI, then here’s an overview of how long you won’t be able to drive.
- Alabama – 90 days
- Alaska – At least 90 days
- Arizona – 90 days to one year
- Arkansas – Six months
- California – One month to 10 months
- Colorado – Up to nine months
- Connecticut – One year
- Delaware – Up to two years
- Washington DC – Six months
- Florida – 180 days to one year
- Georgia – No longer than one year
- Hawaii – 90 days
- Idaho – 90 days to 180 days
- Illinois – At least one year
- Indiana – No longer than two years
- Iowa – 180 days
- Kansas – One month
- Kentucky – 90 days
- Louisiana – 90 days
- Maine – 90 days
- Maryland – At least six months
- Massachusetts – One year
- Michigan – No longer than six months
- Minnesota – No longer than 90 days
- Mississippi – 90 days
- Missouri – One month
- Montana – Six months
- Nebraska – No longer than 60 days
- Nevada – 90 days
- New Hampshire – Six months
- New Jersey – Three months to one year
- New Mexico – No longer than one year
- New York – Six months
- North Carolina – 60 days to one year
- North Dakota – 91 days to 180 days
- Ohio – Six months to three years
- Oklahoma – One month
- Oregon – One year
- Pennsylvania – No time
- Rhode Island – Two months to 18 months
- South Carolina – Six months
- South Dakota – One month to one year
- Tennessee – One year
- Texas – 90 days to one year
- Utah – 120 days
- Vermont – 90 days
- Virginia – One year
- Washington – 90 days to one year
- West Virginia – 15 days to 45 days
- Wisconsin – Six months to nine months
- Wyoming – 90 days
Will a DUI Stay on Your Record Forever?
Having a DUI on your record is quite unfortunate. If your bike DUI is regarded the same as a vehicular DUI, then not only would you have to deal with fines, jailtime, and the possible temporary revocation of your license, but higher car insurance too.
This can last for anywhere from three to five years.
The headaches just keep piling on, don’t they? You wish you could erase the DUI, but you wonder if that’s possible.
It may go away someday, but then again, it might not. It all depends on the state you call home. Here is an overview of how long a DUI is on your record by state.
- Alabama – Five years
- Alaska – For life
- Arizona – Five years
- Arkansas – Five years
- California – 10 years
- Colorado – 10 years
- Connecticut – 10 years
- Delaware – Five years
- Florida – 75 years
- Georgia – 10 years
- Hawaii – Five years
- Idaho – For life
- Illinois – For life
- Indiana – For life
- Iowa – 12 years
- Kansas – For life
- Kentucky – Five years
- Louisiana – 10 years
- Maine – For life
- Maryland – Five years
- Massachusetts – 10 years
- Michigan – Seven years
- Minnesota – 10 years
- Mississippi – Five years
- Missouri – 10 years
- Montana – Five years
- Nebraska – 12 years
- Nevada – Seven years
- New Hampshire – 10 years
- New Jersey – 10 years
- New Mexico – 55 years
- New York – 15 years
- North Carolina – Seven years
- North Dakota – Seven years
- Ohio – For life
- Oklahoma – 10 years
- Oregon – For life
- Pennsylvania – 10 years
- Rhode Island – Five years
- South Carolina – 10 years
- South Dakota – 10 years
- Tennessee – For life
- Texas – For life
- Utah – 10 years
- Vermont – For life
- Virginia – 11 years
- Washington – 15 years
- West Virginia – 10 years
- Wisconsin – 10 years
- Wyoming – 10 years
If you were hoping for some good news, there isn’t much to be had. It will be years before you can shake your DUI in some states, decades in others, and never in others still.
Conclusion
Riding a bike under the influence is regarded with the same severity in some states as a vehicular DUI, so you could be prosecuted to the fullest extent of the law. That would mean punishments such as fines and jailtime at the very least.
You could also have your driving privileges revoked and/or have to use an ignition interlock device.
Drunk driving is drunk driving whether it’s done in a car, on a boat, or on a bike. If you feel too intoxicated to drive, then get a ride from someone else. It’s the smart, responsible thing to do.