Can you get a DUI on a bike?

Every state has laws that forbid riding a bike on a public road while intoxicated.  If someone is riding a bicycle in a way that endangers their safety or the safety of others while intoxicated they may be arrested.

Under the law in many states riding a bicycle while intoxicated falls under DUI law.  In these states you can be charged under DUI law.

Other states have laws against dangerous public behavior while intoxicated.  Yet, in these states you will not be charged under DUI law.

Biking under the influence laws

It’s reported State DUI law applies to bicycles in these states:




District of Columbia








New Hampshire

North Carolina

North Dakota




Rhode Island

South Dakota




Again, these are the states that charge a DUI on a bicycle.

Remember though, every state has laws that make it illegal to ride a bicycle on a public roadway in a hazardous way while intoxicated.

How are biking DUI laws defined?

Generally across states a person has committed a DUI offense by:

  • Riding on a roadway or area open to the public
  • Has 0.08% or higher blood alcohol level
  • Is under the influence of alcohol

In some states DUI laws apply to motor vehicles and in others they apply to all vehicles.  In states that apply DUI laws to all vehicles they will also apply to bicycles.


A first DUI offense in most states is a misdemeanor whether in a car or on a bicycle.

For the most part, states that give a DUI for riding on a bike will apply the same penalties as driving a car.  These penalties include fines, possible jail time, probation, community service, driver’s license suspension, and substance abuse treatment.

Other charges intoxicated bicyclists may face

All states have laws against riding a bicycle while intoxicated in a way that endangers your safety or the safety of others.  Possible charges that could be brought include reckless driving or public intoxication.

Get a DUI Lawyer

If you face charges for riding a bicycle while intoxicated you will want to talk with a lawyer.

Click to get a free consultation with a top local DUI Lawyer.

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