Can you get a DUI on a bike? State-by-State Laws

You can get a DUI on an electric or regular bike in most states in America. Surprised? You’re not alone. That’s why, sometimes, a seemingly harmless ride home after a few beers can lead to the same legal consequences as drunk driving.

Of course, the laws aren’t the same everywhere. Some states treat bikes like vehicles, while others don’t. Our legal team at Bicycle Accident Lawyers Group decided to break down the subject state by state to help you avoid unnecessary consequences that range from verbal warnings to something as serious as a criminal offense.

Understanding DUI Laws in the US

Driving under the influence of drugs or alcohol is illegal in America. People operating any vehicle while impaired not only put their safety at risk but also endanger others. However, there isn’t a universal charge applicable to those who violate these regulations.

For the most part, each state has its own law that outlines the relevant legal consequences for offenders. Such an individual approach is dictated by the set of other rules that every state abides by. For instance, in Georgia, bicycles are defined as vehicles, but in Kansas, they aren’t officially included in the category.

Operating any vehicle under the influence of any substance is wrong on many levels. Still, a drunken ride in one place may lead to serious legal implications, while in another, it will go unnoticed.

DUI on Bike Laws State-by-State

DUI, DWI, OWI, BUI — Is There a Difference?

Many of you are mostly familiar with the notion of Driving Under the Influence (DUI). However, there are other acronyms that come up when you research the topic. They often leave the reader wondering whether they stand for the same thing or are entirely different. Let’s start with simple explanations:

DUI — Driving Under the Influence:
DWI — Driving While Intoxicated
OWI — Operating While Intoxicated
BUI — Bicycling Under the Influence

DUI is a nationwide term used to describe the act of driving a vehicle under the influence of alcohol or other forbidden substances. DWI can be used interchangeably, but it depends on a separate state’s statutes. For instance, in North Carolina, DWI is used against parties with blood alcohol levels over 0.08%. At the same time, in Texas, the same acronym is applied to adults and DUI concerns younger operators (under 21).

OWI is a lesser-used term, but it also describes operation of a vehicle while under the influence of alcohol or drugs. Yet, in some cases, it can be applied to parties who aren’t even moving at the moment of the citation.

BUI is the least common acronym since it affects people operating bikes, and only a few states have it in use.

Does DUI Apply to Cyclists?

Every state in the US has the right to decide on a local level whether a drunk bicyclist will be charged with a DUI when caught. If bicycles in the area are recognized as legal vehicles, then the rider will be held responsible for violating state laws. However, in cases where bicycles are excluded from the list of vehicles, drunk riding remains in a legally gray area. This primarily concerns traditional bicycles, not e-bikes.

There are also states that have come up with separate regulations aimed at controlling biking under the influence (BUI) and holding violators responsible for their actions. The penalties for BUI are often less than those applicable to DUI.

Let’s not forget electric bicycles. These vehicles are classified differently in each state. Some states classify them like mopeds, others like bicycles, which complicates matters greatly, especially when it comes to accidents involving them.

Regular Bicycles vs. E-Bikes

While not all states classify regular bicycles as lawful vehicles, the same can’t be said about electric bikes. The latter are equipped with different-power motors, so they are often treated as motorcycles when it comes to DUI regulations. These regulations are often much stricter than a simple warning. They range from financial penalties to jail time, depending on the severity of the violation.

Besides, as an e-bike rider repeats the offense, the severity of the punishment intensifies. For example, in New York, a person who repeatedly rides an electric bicycle under the influence of alcohol or drugs may be subject to a fine of $1,000 or imprisonment for over one year. Sometimes, both penalties apply.

DUI and Bicycle Accident Statistics

Around 30% of all traffic fatalities recorded in the US in 2023 involved intoxicated vehicle operators. While the rates of alcohol-affected driving seem to be decreasing, the stats remain concerning. Bicyclist victims of DUI make up 11% of all traffic deaths reported by the NHTSA.

While impaired cyclist trends may not be as alarming, the data shows the following patterns:

Almost 82% of drunk riders are male, in their 20s–50s.
South Asian cyclists make up 0% of intoxicated riders, while white and Latino bicyclists make up 50% and 33%, respectively.
Around 66% of impaired riders are cycling for leisure while drunk.
42% of the sustained injuries stem from falls, while 52% result from collisions with motor vehicles.

You can learn more in our most recent breakdown of national cycling crash statistics. State-by-State DUI on Bike Laws

Most states in the US follow national bicycle laws, but some regulations vary from state to state. When it comes to riding under the influence, every state draws the line differently. To make things simple, we’ve marked each state based on how its laws treat bicycling under the influence.

There are three main statuses to differentiate between:

Forbidden — you can’t ride a bike while impaired because it is a DUI offense.
Allowed — general DUI laws do not affect bicyclists.
Allowed with limitations — although major DUI regulations do not apply to bicycle riders, other rules may.

A word of advice — even if something is unnoticed by the law, it does not mean you should risk your safety and life.

Alabama

Alabama: cycling impaired is illegal and implies serious legal consequences.

Regular bicycles and e-bikes are both referred to as vehicles in Alabama. This means riding under the influence of any substance is forbidden in the state. Anyone who chooses to disobey the law can look forward to severe legal consequences.

For instance, even the first offense can lead to monetary penalties, jail time, and license suspension. Penalties vary depending on the severity of the violation, but are still substantial, considering that fines range from $600 to $2,100, and imprisonment can reach up to one year.

Alaska

Alaska: DUI regulations do not apply to bicyclists, but others do.

Bicycles are treated like vehicles in Alaska. While most vehicle traffic regulations apply to bikers, DUI restrictions apply only to motor vehicle drivers. But just because you won’t be convicted of a typical DUI offense does not mean you can get drunk or otherwise impaired while biking across the state. There are other restrictions, such as public intoxication charges, that can lead to fines, jail time, and other penalties that reflect the severity of the violation.

Arizona

Arizona: Impaired bicyclists won’t face direct DUI charges.

Arizona state law does not classify regular bikes as vehicles. So, an intoxicated rider won’t face DUI charges when caught. Yet, it does not mean that drunk cyclists won’t be charged with public drunkenness or disorderly conduct. The penalty may not seem as severe, but it can still result in monetary fines and other punishments.

For e-bikes, the regulations aren’t directly outlined in statewide laws. Some types of motorized bicycles may be subject to DUI charges. At times, local ordinances can override general rules and restrictions. For example, in Phoenix, some electric bike laws differ from state-approved regulations.

Arkansas

Arkansas: An intoxicated rider can’t be charged with DUI in the state.

Just as in Arizona, Arkansas does not classify bicycles as legal vehicles. However, in this case, the rule also applies to e-bikes. This means that, technically, you won’t face DUI charges if riding intoxicated in the state.

At the same time, you shouldn’t assume there are no consequences for drunk riding in Arkansas. Local authorities can charge a violator with a public drunkenness citation. The penalties for such a misdemeanor can lead to a $500 fine, one year of probation, or even 30 days of imprisonment.

California

California: Special BUI regulations imply substantial fines.

The state of California takes an individual approach to cycling under the influence. First of all, bicycles aren’t referred to as vehicles in statewide statutes. This means that local riders can’t be charged with a regular DUI offense. Yet, state laws have specific regulations applicable to impaired riding — Biking Under the Influence (BUI). Once caught biking while intoxicated, the person will be charged a fine of $250.

People riding e-bikes under the influence are most likely to be charged with a regular DUI violation, but there aren’t statewide regulations confirming that. The situation may differ from municipality to municipality, depending on the severity of the offense.

Colorado

Colorado: Intoxicated riders are subject to legal penalties.

According to Colorado Revised Statutes, both e-bikes and regular bicycles fall under the category of vehicles. That is why existing DUI regulations can be applied to people who choose to navigate the roads of the state under the influence of various substances.

Legal penalties for such violations vary from case to case but may include fines, jail time, probation, and even public service. It’s worth noting that repeat offenses carry stricter penalties.

Connecticut

Connecticut: Bicycles are legal vehicles, and riders are subject to local DUI restrictions.

Connecticut is yet another state that defines bikes — whether traditional or motorized — as vehicles. All the rules that apply to other vehicles, including but not limited to DUI regulations, apply to citizens of the area riding bikes.

If a person is caught cycling under the influence of alcohol or drugs, they will be punished according to the severity of their offense. One can expect to face a fine of over $500, jail time, probation, or 100 hours of community service if they decide to take a ride while impaired in Connecticut.

Delaware

Delaware: Cyclists face financial penalties and jail time for riding under the influence.

The state of Delaware recognizes the danger that intoxicated bicyclists pose to other people. That is why the state authorities have come up with a special rule that concerns riding under the influence.

According to the statewide regulations, impaired bicyclists face financial penalties as well as prison time if found guilty of operating their vehicles while affected by alcohol or narcotics. The law concerns both traditional and e-bikes. However, it should be noted that such DUI violations won’t be added to the person’s driving record.

Florida

Florida: All traffic rules apply to local riders without exception.

If you ride a bike in Florida, you’re a rightful participant in traffic, which means all the rules and regulations apply to you, too. There may be certain exceptions. For instance, e-bike riders do not need a license to operate the vehicle legally. However, these exceptions do not exclude DUI punishment.

Thus, if you are cycling drunk or otherwise impaired in the state, you can and will be penalized if caught. The citations vary between monetary fines and imprisonment for the first offense, but become stricter for every subsequent violation. Keep in mind that state authorities often allow local municipalities to override general regulations. DUI laws may be different across major cities. Our team has put together a Miami DUI guide for those who ride in the area. You can check it to always stay on the safe side.

Georgia

Georgia: DUI laws apply to all, and cycling under the influence is illegal.

The state law treats all types of bicycles as rightful vehicles. Therefore, whether you are riding through the crowded streets of Atlanta or a small town in the country, you are required to adhere to the available rules and regulations. Operating a vehicle under the influence of any substance puts your safety and the lives of others in danger. Thus, it is considered illegal in Georgia. Those who choose to disregard the restrictions will face a $300 fine or 10 days in prison. Don’t forget that some regulations may have local interpretations, in terms of penalties and underlying conditions. If you want to learn more about the situation in Atlanta — consult our recent DUI guide.

Hawaii

Hawaii: An impaired rider faces DUI violation penalties.

A person who operates a bicycle in Hawaii can be charged with a DUI violation. While bicycles require human power to function, they are still considered vehicles. As such, if a rider is convicted of operating the vehicle under the influence, they can be fined, sent to prison, or placed on probation.

Along with this, there’s also a 14-hour education program and 72 hours of community service on the list. Of course, you may not be charged with all at once. The severity of intoxication and the details of the case predetermine the legal outcome.

Idaho

Idaho: DUI laws don’t cover bicycles, but other charges may apply.

The state laws of Idaho may stand out from the rest, and here’s why. Bicycles are considered vehicles in many other states; however, DUI charges in Idaho apply solely to motor vehicles. Neither e-bikes nor traditional bicycles fall under this category.

So, technically, a cyclist won’t get a typical DUI sentence while intoxicated on a bike. But a public intoxication charge, traffic ticket, or disorderly conduct citation can still be issued.

Illinois

Illinois: Traditional bikes are excluded from DUI statutes.

Traditional bicycles are exempt from being on the list of vehicles, since they are powered solely by human force. This means that a cyclist can’t be charged with a DUI. However, the same can’t be said for e-bikes. E-bikes are motor-assisted vehicles, so it is reasonable to assume that riding under the influence will trigger the same penalties as impaired driving.

A first-time offense is classified as a Class A misdemeanor, which can lead to up to one year in jail, two years of probation, and a $2,500 fine. The punishment typically reflects how serious the offense is.

Indiana

Indiana: Intoxicated riders won’t face DUI penalties.

Unlike most other states, in Indiana, neither e-bikes nor bicycles are classified as vehicles. While the latter may possess a motor, it’s governed by all the same acts and legislation as a regular bicycle.

Thus, DUI regulations do not apply to cyclists in the area. Yet, you shouldn’t assume that you can ride anywhere while intoxicated without legal consequences. Police can still cite you for public intoxication or reckless operation, especially if you put someone at risk.

Iowa

Iowa: Bicycles aren’t viewed as vehicles to comply with DUI regulations.

In Iowa, impaired riding and driving under the influence aren’t the same. You can get a DUI for the latter, but since bicycles aren’t regarded as vehicles in the state, bicyclists won’t face the same charges. The same applies to low-speed electric bikes, because those don’t fall under the category of motor vehicles.

Even though intoxicated riders can’t be held accountable according to the traditional DUI regulations, they can be charged with reckless behavior or public intoxication in Iowa.

Kansas

Kansas: Statewide DUI laws do not apply to cyclists, but there are local exceptions.

If you’re biking drunk in Kansas, you won’t get a DUI — because neither regular bicycles nor e-bikes are classified as vehicles in the state. An impaired rider won’t have to worry about license suspension or DUI testing, even if caught.

However, things change when you decide to ride intoxicated in the city of Wichita. Local authorities have implemented a Biking Under the Influence (BUI) regulation. Impaired cyclists in the area can be fined up to $500 or face up to six months in jail.

Kentucky

Kentucky: You don’t need a car to get a DUI penalty.

In Kentucky, biking drunk can get you charged, no motor required. It is illegal to operate non-motorized vehicles, such as bicycles, while under the influence. The DUI process may differ from motor vehicle cases, since riders with blood alcohol levels less than 0.05 won’t be penalized, but the legal risk is still real. For instance, in Campbell County, impaired cyclists face fines of up to $100. As for e-bikes, if they are motorized and meet the vehicle definition, DUI charges are even more likely.

Louisiana

Louisiana: Impaired driving laws apply solely to motor vehicle operators.

In Louisiana, riding a regular bicycle or an e-bike while intoxicated won’t result in a DUI. Although state law recognizes all types of bicycles as vehicles, the DWI statute applies only to operators of motor vehicles.

However, there are other penalties for impaired cycling in the area. You can still face fines, jail time, or probation for violations such as public intoxication or disorderly conduct. The local municipality determines the severity of the punishment for such violations.

Maine

Maine: Riders can receive a traffic violation charge but not a DUI penalty.

In Maine, you generally won’t be charged with a DUI for biking drunk — whether you’re riding a regular bicycle or an e-bike. Impaired-operation laws apply only to motor vehicles in the state.

However, you should understand that cycling under the influence isn’t risk-free. Such behavior not only compromises your safety but also endangers other road users. This means you can still be charged with a traffic violation, reckless biking, or other infractions.

Maryland

Maryland: DUI rules are strict and apply to all, including bicyclists.

State law categorizes bicycles as legal vehicles, which means that all cyclists are subject to impaired-driving laws. Riders operating their bicycles while intoxicated anywhere in Maryland can face DUI charges, which in most cases carry serious penalties. A violator can be imprisoned for up to one year or fined $1,000. E-bike riders must also abide by these laws. Impaired biking is treated seriously in Maryland.

Massachusetts

Massachusetts: Human-powered vehicles are exempt from DUI statutes.

You can’t drink and drive in Massachusetts — it’s forbidden by law. At the same time, statewide DUI regulations do not apply to bicycles, which are human-powered. Even though you can’t be charged just for cycling while intoxicated, police can still cite you for other offenses, such as creating hazardous situations on the road. You won’t lose your license for that, but there’s a good chance you’ll end up with a fine.

Michigan

Michigan: Local DUI regulations do not apply to bicycle operators.

You won’t get a DUI in Michigan as long as you’re pedaling. State law doesn’t classify traditional bicycles as vehicles. However, that leniency ends once a motor is involved. This means that when riding an e-bike with a high-power motor, you may be charged. As for the punishment, you’re likely facing the same penalties as drunk driving — including fines, jail time, or license suspension.

Minnesota

Minnesota: DUI laws apply to drivers, but impaired riders aren’t immune ot other penalties.

In Minnesota, riding a standard pedal bicycle while impaired will not subject you to the state’s full DUI penalties because the law applies only to motor vehicles. Thus, bicycles powered solely by human force do not qualify.

If an e-bike has a motor or speed capability that places it in the motor vehicle category, it may trigger DUI laws. However, for typical e-bikes, the “shield” remains. While you can avoid impaired-driving penalties, you shouldn’t assume complete immunity. Other offenses, such as traffic violations and reckless conduct, remain possible if your manner of cycling poses danger.

Mississippi

Mississippi: Drunk or otherwise impaired bicyclists face DUI charges.

Thinking of biking home after a few beers? In Mississippi, that can get you a DUI. The law treats bicycles like vehicles — and that includes e-bikes, too. This means all vehicle operators have the same rights and the same duties. So, if you ride while intoxicated, you can face corresponding penalties. Statewide penalties range from $250 fines to 48 hours in jail, along with participation in alcohol safety programs.

Missouri

Missouri: You can’t get a DUI for drunk cycling across the state.

You won’t get a DUI for riding a bicycle drunk in Missouri. The main reason is that the law applies only to motor vehicles. Regular bicycles and standard e-bikes are exempt.

You won’t lose your license or face strict penalties just for pedaling home after a few beers — good news, right? However, if you’re riding against traffic, causing a scene, or putting others in danger, you could still be cited.

Montana

Montana: Bicycles are excluded from DUI statutes.

DUI regulations are as strict in Montana as anywhere else. Nevertheless, state law specifically excludes bicycles from the list of vehicles subject to such charges.

Since e-bikes are not classified as motor vehicles, the exclusion applies to them as well. However, if you’re riding drunk in traffic, you’re taking the same legal risk as any impaired driver and may face legal consequences in the event of an accident.

Nebraska

Nebraska: Dangerous riding may lead to penalties, but not DUI charges.

Regular DUI laws do not apply to bicycles in Nebraska. It’s illegal to drive under the influence in the state, but bicycles aren’t defined as vehicles — so technically, you’re in the clear.

However, if you’re cycling dangerously and officers notice, they may still cite you. There are plenty of tickets for improper behavior on the road that you can receive.

Nevada

Nevada: Bicycles don’t count as vehicles, thus they are exempt from DUI laws.

What counts as a vehicle matters under Nevada DUI law. Under state statute, bicycles don’t. So, you can’t be charged with a DUI for riding a regular bicycle or an e-bike while drunk.

Since the law applies only to motor vehicles, you won’t face standard penalties such as jail time, fines, or license suspension. Yet, the possibility of being cited remains — especially if you ride in a way that causes a serious collision.

New Hampshire

New Hampshire: You can get a serious DUI penalty for impaired cycling.

A drunk bicycle rider can receive a DUI in New Hampshire if caught. State law doesn’t limit such offenses to motor vehicles only. Bicycles are recognized as vehicles in the state. So, if you decide to ride while under the influence, you can expect penalties for breaking the law.

Although penalties for a first offense are relatively milder than subsequent ones, they can include fines of up to $500, mandatory substance-abuse screening, and completion of an impaired-driving education program.

New Jersey

New Jersey: Only motor vehicle operators are controlled by DUI statutes.

Operating under the influence is illegal in New Jersey. However, existing DUI regulations do not apply to cyclists, because local statutes do not include bicycles in the definition of motor vehicles. This does not mean impaired biking goes unpunished. Reckless riding is classified as a disorderly-person offense, and penalties for such violations often include substantial fines or even imprisonment.

New Mexico

New Mexico: Cycling under the influence does not fall under the category of DUI in the state.

In New Mexico, bicycles are not defined as vehicles. So, you can’t get a DUI for riding bikes while impaired (electric bicycles included). However, you don’t want to get too negligent to cruise around intoxicated. The thing is that even though DUI laws do not apply to local cyclists, there are many other regulations that can get you in trouble for such reckless behavior. Besides, there are always more serious consequences to worry about than legal responsibility.

New York

New York: DUI regulations exclude regular bikes but include electric ones.

New York state laws are among the most complex — here’s why. Legally, bicycles aren’t considered vehicles, so riders can’t face DUI charges as such. Yet, in New York City, police have the authority to charge riders who violate traffic laws with criminal offenses. Since impaired cyclists are most likely to break those laws, they can still be held accountable even without an active DWI charge.

Now, about e-bike riders in the state: because all electric bikes are equipped with motors, local DUI laws apply to their operators. If caught, you can face a $300 fine, up to 15 days in jail, or both.

North Carolina

North Carolina: Local DUI laws list no exceptions.

North Carolina stands out for its broad definition of “vehicle” under DWI law. Unlike in other states, both standard and electric bikes are treated as vehicles here. That means riding a bike while impaired can lead to charges nearly identical to a car-related DWI.

They include, but aren’t limited to, fines, jail time, and license suspension. Local law makes no exceptions. So, before taking a ride while tipsy or otherwise impaired, you should weigh out possible legal consequences.

North Dakota

North Dakota: DWI restrictions no longer apply to bike riders.

The North Dakota legislature is as tangled as that of the state of New York. Historically, bicycles were treated as vehicles under all motor-vehicle laws, including DUI laws. However, in 2023, things took a turn, and riders were removed from the list. These days, you won’t get a DWI penalty for cycling intoxicated in North Dakota. Yet, you may still get a $200 fine if you are impaired to the point where you pose a palpable threat on public roads.

Ohio

Ohio: Intoxicated cyclists face serious DUI charges.

If you think you can avoid getting a DUI by riding your bicycle instead of driving your car — think again. In Ohio, all types of bicycles are considered vehicles. Thus, impaired riders can and will be held responsible for breaking the law if caught. The penalties vary widely: you may pay a fine, serve jail time, or face license suspension and probation, especially if you’re involved in a serious accident.

Oklahoma

Oklahoma: DUI laws do not cover traditional bicycles in the state.

In Oklahoma, a traditional bicycle does not fall under the state’s DUI statute. These laws apply only to motor vehicles. However, since e-bikes with a motor can be treated as motorized vehicles, riding one while intoxicated can trigger a DUI charge. So, if you’re on a regular bike and drunk in Oklahoma, you likely won’t face a formal DUI, but if you’re on an e-bike that meets the “motor vehicle” threshold, the standard penalties will apply.

Oregon

Oregon: Impaired bicycling leads to a hefty fine of $500.

Riding a bicycle while under the influence of any substances that alter your perception is dangerous for many reasons. Not only can you cause harm to yourself or others, but you may also face legal penalties.

According to the statewide statutes of Oregon, all bicycles are considered vehicles. Moreover, there’s a separate punishment for impaired riders, outlined by the law — a $500 fine. Surely, you will keep your license for the first-time offense, but the financial impact of the violation is significant.

Pennsylvania

Pennsylvania: Both regular cyclists and ebikers face DUI charges.

Some people falsely assume that biking home after a few drinks is a harmless way to commute — not in Pennsylvania. Here, it’s a chargeable violation. Under state DUI law, all vehicles — including bicycles and e-bikes — are covered. An impaired rider may face probation, fines, jail time, or even license suspension. You read that right: you can lose your license if you repeat the offense or ride extremely recklessly.

Rhode Island

Rhode Island: You can be charged with a DUI even when riding a bicycle.

Can a couple of drinks and a bicycle land you a DUI in Rhode Island? They can. The state treats all bicycles as vehicles, so the same rules that apply to drivers apply to riders too. The penalty for riding impaired starts at a $100 fine but can increase to 60 hours of community service or even one year in jail. So, you shouldn’t take intoxicated cycling lightly.

South Carolina

South Carolina: Local DUI statutes focus on motor vehicles.

In South Carolina, you generally won’t face a DUI when riding a bicycle. That’s because the law focuses solely on motor vehicles. Traditional bikes don’t fall into that category. However, if your bike is equipped with a motor, the situation changes significantly.

Riding an e-bike under the influence can bring different charges, including possible fines or jail time. Moreover, you aren’t entirely immune, just because DUI charges can’t be applied to regular bicycles. There are plenty of other charges (e.g., public intoxication) that can still come into play.

South Dakota

South Dakota: Intoxicated riders won’t face traditional DUI penalties.

The legislature in South Dakota clearly distinguishes between motorized and human-powered vehicles. For instance, regular DUI regulations do not apply to bike riders. So, if you are riding drunk or otherwise intoxicated, you may not face the traditional penalties a driver in the same state would. However, justice can still catch up with you, and you can get ticketed for disorderly conduct or other public peace disturbances, which often involve substantial financial penalties.

Tennessee

Tennessee: reckless cycling can get you cited, but not with a DUI offense.

In Tennessee, if you’re biking home after a few drinks, the law gives you a bit more room than if you were driving. The Tennessee DUI statute primarily targets motor vehicles, not human-powered devices. That also applies to e-bikes. However, it isn’t like drunk riders in the state can roam around unpunished.

A cyclist who is behaving recklessly or causing public disturbances can and will be cited. While the ticket may not be as serious as a DUI charge and won’t cost you your license, it still can involve substantial fines or even public service hours.

Texas

Texas: You may get a DUI if your actions are viewed as dangerous.

In Texas, the law on intoxicated driving doesn’t just stop at cars. Thanks to a broad legal definition of “motor vehicle,” bicycles can fall under DUI rules in certain cases. Primarily, it depends on how and where you ride. If you are cycling on a road alongside other motor vehicles and an officer suspects that you are impaired, you can be cited with a DUI offense.

Also, if you are biking quietly in a bike lane, without breaking any rules, you may escape punishment. Keep in mind, penalties for drunk cycling are pretty severe; they start with around $2,000 fines and three days in jail and get more severe if you keep reoffending.

Utah

Utah: The state law ensures that drunk riders face DUI penalties.

Many people think that riding a bike is safer than driving, especially if you’ve been drinking. While it is true, to a point, in Utah, intoxicated riders face legal consequences. All bike types fall under the category of vehicles under the state law. Thus, all the operators are subject to DUI charges.

Yet, there’s a significant exception when it comes to penalties applicable to impaired cyclists. In Utah, DUI violations won’t have an impact on your driver’s license, that is, if you have one. Other penalties, such as fines and imprisonment, are still on the table.

Vermont

Vermont: Riding tipsy won’t get you a DUI charge in the state.

If you’re biking home in Vermont a little tipsy, the laws won’t really aim at you. The state’s statutes exclude bicycles, including electric ones, from being classified as motor vehicles. So, the usual drunk driving penalties don’t apply to bicyclists. Nevertheless, if you’re riding like a danger to yourself or others, you can still end up in trouble and get a ticket.

Virginia

Virginia: DUI regulations exclude bicyclists.

In Virginia, DUI laws apply to all motor vehicle operators. However, bicycles don’t belong to the category, even those equipped with a motor and a battery (e-bikes). Yet, these exemptions do not automatically promote impaired cycling. It is still dangerous and illegal. When you drink and ride, you put your safety and the safety of those around you at risk; that is why local police have the right to stop you and charge you with any other applicable violation.

Washington

Washington: Biking under the influence is frowned upon, but won’t lead to fines or charges.

The state of Washington holds the spotlight in terms of treating impaired cycling. First of all, state laws treat bicycles as legal vehicles. However, when it comes to DUI regulations, bicyclists are exempt from those.

There is a special Biking Under the Influence statute intact. The rules outlined in the statute aren’t aimed so much at punishing intoxicated riders as at ensuring their safe arrival at the destination point. Local officers are responsible for transporting impaired cyclists to a secure location. They are allowed to detain bicycles, but will release those without fees when a sober owner claims the vehicle.

West Virginia

West Virginia: You won’t get a DUI on a regular bike, but you will be charged for a corresponding violation on an ebike.

West Virginia statutes are a little more complicated than the rest. Firstly, regular bicycles aren’t defined as vehicles. So, you may not worry about a formal DUI here. At the same time, e-bikes fall under the category of chargeable vehicles. It is explicitly forbidden to ride an electric bicycle, regardless of its class, under the influence of any substances. Those who break the rules may spend up to half a year behind bars and pay a fine of up to $500.

Wisconsin

Wisconsin: Neither bicycles nor ebikes are classified as motor vehicles, so DUI laws don’t apply to their operators.

You won’t get an OWI in Wisconsin for riding your bike home after a few drinks. The state’s DUI law only applies to motor vehicles, and under Wisconsin statutes, bicycles and e-bikes aren’t considered motor vehicles at all. That distinction matters.

It means the usual penalties — such as license suspension, jail, and hefty fines — don’t apply to cyclists. Yet, it doesn’t mean that you can avoid justice. If you ride drunk and cause a crash or endanger someone, there are other charges to deal with. So, reckless behavior on two wheels isn’t risk-free.

Wyoming

Wyoming: Riders caught cycling impaired will face DUI penalties.

While it is a smart move not to drive home after you’ve had a few shots of whiskey with friends, cycling home in Wyoming wouldn’t be the best choice, either. All types of bicycles are legal vehicles in the state, so if stopped under the influence, you will face the corresponding charges.

We are not talking about mere verbal warnings that an officer can give. DUI is a serious offense and leads to corresponding punishment such as fines, imprisonment, probation, and even license suspension. Wyoming statutes leave no gray areas, so if you’ve been drinking, it is advised to walk or call a taxi rather than bike.

Summary: What Cyclists Should Know About DUI

Many people mistakenly assume that riding intoxicated is absolutely safe and unpunishable by state law, as opposed to driving under the influence. The moment you are charged with DUI, you’ll feel the urge to defend your rights and prove that these regulations apply to motor vehicle operators.

Well, here’s the truth — many states in the US treat bicycles and e-bikes as rightful vehicles. So, on top of all the rights of a driver, you acquire the same responsibilities. This means that in states like Arizona, Florida, Wyoming, and many others, you can end up with a serious penalty for cycling impaired.

It is true that some states, like California and Washington, remain exceptionally lenient toward biking while intoxicated. However, you shouldn’t count on sheer luck. Besides, at the end of the day, laws aside, riding a bike drunk isn’t a great idea. If you’ve been drinking, it’s always safer to call a ride. Remember, if you find yourself facing any legal consequences, don’t treat it lightly — talk to a lawyer. Fill out a simple form and learn your options for free in a matter of minutes!

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Posted by Robert Goldwater

Since his academic days at the UC Berkeley School of Law, Robert Goldwater has remained a committed advocate for victims of other people’s negligence. His tort law background, together with his unquenchable thirst for justice, helped young Robert found a now-successful law firm – Bicycle Accident Lawyers Group, gathering same-minded and promising attorneys from all over the country.

All articles by Robert Goldwater

Can You Get a DUI on a Bike: State-by-State Laws