Can You Get A DUI On A Bike? The Complete Guide (2025)

Can You Get a DUI on a Bike?

The short answer is yes, you can get a DUI on a bike. However, it depends on where you live. In some states, the legal definition of “vehicle” includes bicycles. If a police officer stops you in a state that outlaws cycling while intoxicated and determines you are over the legal limit, you might face DUI charges.

Often (but not always), states that allow for cycling DUI charges will be more lenient on intoxicated cyclists than they are on intoxicated drivers. That’s because drunk drivers pose much more of a danger to the public.

What Is the Legal Limit for Riding a Bike After Drinking?

In states that make cycling under the influence illegal, the legal alcohol limit is the same as the limit for drivers. In almost every state, the limit is a blood alcohol concentration of 0.08. The exception is Utah. The state changed the legal limit from 0.08 to 0.05 in 2018.

It’s also important to note that many states have zero-tolerance laws for anyone under 21. If underage cyclists in these states have any detectable amount of alcohol in their systems, they can face DUI charges.

What Happens if You Refuse a Breathalyzer?

A common misconception is that refusing a breathalyzer if you’re stopped while biking won’t have an impact on your driver’s license. If your state considers bikes to be vehicles, refusing a breathalyzer carries the same penalties as refusing one while driving.

In many states, this results in an automatic one-year license suspension. If you have one or more prior DUIs, that suspension may be longer. This is because most states have implied consent laws.

These laws mean that if you use public roadways, you consent to have breathalyzers and other chemical tests performed when police officers suspect you of operating any vehicle while under the influence.

Other Charges You May Face for Impaired Biking

Can you get a ticket for riding a bike drunk? If law enforcement officers catch you cycling under the influence of alcohol or drugs in a state that has not outlawed biking while intoxicated, that doesn’t mean you won’t face legal charges:

• In some states, you can face reckless driving charges.
• Officers may cite you for public intoxication.
• California has a law specifically prohibiting impaired biking.

Some states that consider bikes to be vehicles may charge cyclists with an offense that is simply a DUI by another name. Their laws might use “DWI,” which stands for “driving while impaired” or “driving while intoxicated.” Other states refer to the crime as “operating while intoxicated” (OWI).

What to Do After an Arrest for Biking Under the Influence

Many states don’t treat bike DUIs any differently from DUIs where the offender was driving a vehicle — at least when it comes to the arrest and initial charges. Therefore, you shouldn’t treat the situation any differently, either.

After an arrest, you should seek out an experienced DUI attorney as soon as you can. Even if you feel certain that a judge will find you guilty of the offense, your DUI lawyer can fight the charges in a number of ways:

• Challenging the validity of any tests administered
• Challenging the legality of the traffic stop
• Attempting to suppress illegally obtained evidence
• Looking for violations of your rights
• Identifying potential police misconduct

Suppose that none of these defenses are viable and that the prosecution has an ironclad case against you. Still, a skilled attorney can help.

Your attorney might negotiate with the prosecution for lower fines or reduced jail time. They can also fight the suspension of your license, perhaps securing limited driving privileges so that you can travel to work and other essential places.

The exact ways an attorney can help you will depend on your state and other factors, such as whether the charge is a DUI first offense. When you set up a consultation with a defense attorney, the attorney can assess your case and outline a plan.

Are You Facing Bike DUI Charges?

You may have thought you were doing the responsible thing by not drinking and driving. Being charged with a bike DUI might be the last thing you expected. However, riding a bike while under the influence can still be dangerous to you and others, and you may find yourself in need of a strong legal defense.

That’s where ConsumerShield comes in. We connect people like you with qualified attorneys in your area. A strong defense starts with an experienced attorney, and we’re here to help you find the right one. Get started with a free case review today!