Yes, You Can Get a DUI on a Bike in 19 States—Here’s Where and What Happens

You can get a DUI on a bicycle in 19 U.S. states where bicycles are legally classified as “vehicles” under DUI statutes. States including California, Florida, Colorado, Georgia, Oregon, and Utah explicitly allow DUI charges for cycling under the influence. Penalties range from $250 fines to jail time and driver’s license suspension.

The Short Answer

Whether you can get a DUI on a bike depends entirely on your state. Nineteen states treat bicycles as vehicles under DUI law, while others don’t—but you can still face alternative charges like public intoxication or reckless cycling.

States Where You CAN Get a DUI on a Bicycle

These 19 states explicitly include bicycles under DUI laws or classify them as vehicles subject to impaired operation statutes:

Alabama, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Indiana, Maryland, Mississippi, New Hampshire, North Carolina, North Dakota, Ohio, Oregon, South Dakota, Texas, Utah, Wyoming

In these states, cycling under the influence carries similar legal weight to driving drunk, though penalties may be less severe.

California: Special Cycling Under the Influence Law

California doesn’t classify bicycles as “vehicles” under standard DUI law (Vehicle Code 23152). Instead, the state has a separate statute specifically for cycling while intoxicated.

California Vehicle Code 21200.5 makes it illegal to ride a bicycle on a highway while under the influence of alcohol, drugs, or both. A “highway” means any public road, street, or area maintained for vehicular travel—not just freeways (which prohibit bicycles anyway).

Penalties: Maximum $250 fine. No jail time required. The conviction is a misdemeanor but doesn’t result in driver’s license suspension.

BAC Threshold: While no specific BAC limit exists in the statute, prosecutors typically use 0.08% as the standard for impairment. However, you can be convicted based solely on observable impairment without a specific BAC reading.

Key Limitation: The law only applies when cycling on public roadways. Riding drunk on private property (your driveway, private road) isn’t illegal under VC 21200.5.

Florida: Full DUI Penalties Apply

Florida treats bicycles exactly like motor vehicles under DUI law. Florida Statute 316.1995 applies the same DUI standards to bicycles as cars.

Why? Florida grants bicyclists the same rights and duties as vehicle operators. Since you have the same rights, you face the same responsibilities—including DUI consequences.

Penalties: Same as motor vehicle DUI, including fines up to $1,000 (first offense), potential jail time (up to 6 months for first offense), driver’s license suspension (6 months minimum), and mandatory DUI school.

This means a bicycle DUI in Florida is no joke—it carries identical criminal and administrative penalties to drunk driving.

Colorado: Cyclists Face Full DUI Charges

Colorado’s law is crystal clear. Colorado Revised Statutes 42-4-1301 states that anyone operating a bicycle may be subject to DUI and DWAI (Driving While Ability Impaired) laws.

Penalties: Cyclists face the same penalties as motor vehicle operators, including jail time, fines up to $1,000, community service, and license suspension.

Georgia: “Any Moving Vehicle” Includes Bikes

Georgia’s DUI law prohibits operation of “any moving vehicle” while intoxicated. Courts interpret this to include bicycles.

Penalties: First offense can result in fines up to $1,000, jail time up to 12 months, 40 hours community service, DUI Risk Reduction Program, and license suspension.

Oregon: Same Laws as Motor Vehicles

Oregon grants cyclists the same rights and duties as drivers. All laws applying to motor vehicles—including DUI—apply equally to bicycles.

Penalties: Mirrored from motor vehicle DUI, including fines, jail time, treatment programs, and license consequences.

Utah: DUI Charges But No License Penalty

Utah allows DUI prosecution for cyclists but excludes them from driver’s license-related penalties. You can be convicted of DUI on a bicycle, face fines and potential jail, but keep your driver’s license.

Note: Utah has the lowest BAC threshold in the nation at 0.05% for motor vehicles. This lower standard may also apply to cycling DUI cases.

Texas: DUI Law Doesn’t Apply, But Other Charges Do

Texas DUI statutes focus on “motor vehicles,” so you typically can’t be charged with DUI for cycling. However, Texas law prohibits riding a bicycle while intoxicated if you pose a danger to others.

Alternative Charge: Public intoxication (up to $500 fine) if you’re cycling drunk and creating a hazard.

New York: No DUI for Traditional Bicycles

New York DUI laws apply to “motor vehicles” only. Traditional bicycles don’t qualify, so you can’t get a standard DUI on a regular bike.

Exception: Vehicle and Traffic Law § 1242-A criminalizes operating electric-assist bicycles while impaired.

Alternative Charges: Police can still cite you for reckless cycling, disorderly conduct, or public intoxication if you’re riding drunk.

States Where Bicycles Are Excluded from DUI

These states limit DUI to motor vehicles, meaning you can’t get a traditional DUI on a bicycle: Alaska, Arizona (though treated similarly in practice), Arkansas, Delaware, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

Important: Even in these states, you can face alternative charges like public intoxication, reckless conduct, or disorderly behavior.

What BAC Limit Applies to Cycling?

In states where DUI applies to bicycles, the standard 0.08% BAC threshold typically applies (0.05% in Utah). Some states don’t specify a BAC limit for bicycles, allowing convictions based on observable impairment alone.

Can You Lose Your Driver’s License for Cycling DUI?

Yes, in many states. Florida, Colorado, Georgia, and Oregon impose driver’s license suspensions for bicycle DUI convictions—even though you weren’t driving a car. This might seem illogical, but since these states treat bicycles as vehicles, the same administrative penalties apply.

States like California and Utah exempt cyclists from license suspension. California’s VC 21200.5 explicitly doesn’t trigger DMV action. Utah law excludes cyclists from driver’s license penalties despite allowing DUI charges.

Alternative Charges When DUI Doesn’t Apply

Even if your state doesn’t allow bicycle DUI, you’re not off the hook for cycling drunk. Police can charge you with:

Public Intoxication: Being intoxicated in a public place. Penalties typically include fines ($100-$500) and possible short jail stays.

Disorderly Conduct: Creating a disturbance or hazard while drunk. Misdemeanor with fines and potential jail.

Reckless Cycling: Operating a bicycle in a dangerous manner. Fines and citations.

Open Container Violations: Having open alcohol while cycling in jurisdictions prohibiting open containers in public.

Penalties: Bicycle DUI vs. Motor Vehicle DUI

Bicycle DUI Penalties (States Where Applicable):

• Fines: $250 – $2,500 (first offense)
• Jail: Rarely imposed for first offense; 30 days – 6 months possible
• License Suspension: Varies by state (none in California, 6 months in Florida)
• Probation: Common for first offenses
• Treatment Programs: Alcohol education or substance abuse classes
• Community Service: Often required

Motor Vehicle DUI Penalties (Comparison):

• Fines: $500 – $2,000+ (first offense)
• Jail: 48 hours – 6 months (mandatory minimums vary)
• License Suspension: 6 months – 1 year minimum
• Ignition Interlock Device: Often required
• Insurance Increases: Significant rate hikes
• SR-22 Requirement: Proof of financial responsibility

While bicycle DUI penalties are generally less severe, they’re still criminal offenses with lasting consequences.

Your Rights When Stopped on a Bicycle

What You Must Provide: In most states, cyclists don’t need to carry identification. However, officers can detain you to establish identity.

Field Sobriety Tests: You can refuse roadside sobriety tests (walk-and-turn, one-leg stand). Refusal doesn’t automatically prove guilt but may provide probable cause for arrest.

Preliminary Breath Test: You can typically refuse the roadside breathalyzer. Unlike motor vehicles, implied consent laws generally don’t apply to bicycles.

Chemical Testing After Arrest: If arrested, chemical testing rules vary. California law (VC 21200.5) allows arrested cyclists to “request” blood, breath, or urine testing—meaning it’s voluntary, not mandatory. Other states may have different standards.

Right to Remain Silent: You don’t have to answer questions like “Have you been drinking?” or “Where are you coming from?” Polite refusal: “I’m exercising my right to remain silent.”

Defense Strategies for Bicycle DUI

Not on a Public Highway: California’s law only applies to public roadways. If you were on private property, charges don’t apply.

Lack of Probable Cause: Officers need reasonable suspicion to stop you. If the stop was unjustified, evidence can be suppressed.

Alternative Explanations for Behavior: Medical conditions, bicycle malfunction, or performing tricks may explain erratic riding unrelated to intoxication.

Challenge Testing Accuracy: Breathalyzers require calibration. Blood tests need proper handling. Chain of custody issues can invalidate results.

No Impairment: You can have alcohol in your system without being impaired. Defense focuses on demonstrating you weren’t “under the influence” despite BAC reading.

Real-World Example: California Case

A cyclist in Los Angeles was arrested for CUI after riding erratically and running stop signs. He had bloodshot eyes, slurred speech, and smelled of alcohol. Field sobriety tests showed impairment. He was cited under VC 21200.5 and fined $250. The conviction didn’t affect his driver’s license, and he avoided jail time since it was a first offense.

Criminal Record Implications

A bicycle DUI conviction creates a criminal record. This misdemeanor appears on background checks and can affect:

Employment: Jobs requiring driving, professional licenses, or background checks may be impacted.

Professional Licenses: Attorneys, healthcare workers, and other licensed professionals may face disciplinary action.

Future DUI Charges: Some states consider bicycle DUI as a “prior offense” if you later get a motor vehicle DUI, increasing penalties significantly.

Housing Applications: Landlords conducting background checks may see the conviction.

Expungement: California allows expungement of VC 21200.5 convictions after paying fines and completing probation. Requirements vary by state.

2026 Legal Developments

As of January 2026, no major legislative changes have occurred to bicycle DUI laws. States maintaining existing classifications.

Enforcement Trends: Urban areas with high bicycle traffic (New York City, San Francisco, Portland) see more aggressive enforcement. Rural areas generally take lenient approaches.

Technology: Some jurisdictions use mobile apps and traffic cameras to document suspected bicycle DUI incidents, though this remains limited.

Frequently Asked Questions

Is it safer to bike home drunk than drive?

Physically, yes—you’re less likely to kill someone else. Legally, no—you can still face criminal charges in 19 states. Practically, you risk serious injury to yourself.

Do I need a license to ride a bicycle?

No, but a bicycle DUI conviction can suspend your driver’s license in some states even though you don’t need one to ride.

Can police stop me for no reason while cycling?

No. Officers need reasonable suspicion of a traffic violation or criminal activity to stop you.

What if I’m walking my bike while drunk?

Walking (not riding) your bike while intoxicated typically doesn’t violate cycling DUI laws. You may still face public intoxication charges.

Do electric bikes count as bicycles or motor vehicles?

Varies by state. New York treats electric-assist bikes differently from traditional bicycles under DUI law. Check your state’s e-bike classification.

Can I refuse a breathalyzer?

Generally yes, for bicycles. Implied consent laws typically don’t apply to cyclists. However, refusal may give officers probable cause for arrest based on other observations.

Will insurance rates increase?

Bicycle DUI typically doesn’t directly affect car insurance rates since it’s not a motor vehicle offense. However, the criminal conviction could indirectly impact rates during renewal.

Can I get a DUI on a skateboard, scooter, or roller skates?

Laws vary. Some states’ “vehicle” definitions are broad enough to include these. Electric scooters are increasingly regulated similarly to bicycles.

How do I know if my state allows bicycle DUI?

Check your state’s DUI statute. If it says “motor vehicle,” bicycles are likely excluded. If it says “vehicle” without “motor,” bicycles may be included. Consult a local DUI attorney for certainty.

What should I do if arrested for cycling under the influence?

Remain calm and polite. Don’t resist arrest. Don’t answer questions without an attorney. Request a lawyer immediately. Document everything you remember about the stop.

Key Takeaways

• 19 states explicitly allow DUI charges for cycling under the influence
• California has separate cycling DUI law (VC 21200.5) with $250 maximum fine
• Florida treats bicycle DUI identically to motor vehicle DUI
• New York excludes traditional bicycles but covers electric-assist bikes
• Even where bicycle DUI doesn’t apply, alternative charges like public intoxication exist
• License suspension possible in states treating bicycles as vehicles
• BAC threshold typically 0.08% (0.05% in Utah) where specified
• Field sobriety tests and roadside breathalyzers can be refused
• Criminal record results from conviction, affecting employment and housing
• Defense strategies include challenging probable cause, testing accuracy, and lack of impairment

Bottom Line

The assumption that cycling drunk is a legal loophole is wrong in 19 states. While penalties are generally less severe than motor vehicle DUI, a bicycle DUI is still a criminal offense with fines, potential jail time, and a permanent record.

The safest and smartest choice? Don’t ride drunk. Use rideshare, public transit, walk, or call a friend. Your safety and legal record are worth more than the convenience of cycling home intoxicated.

If you’re charged with cycling under the influence, consult a DUI defense attorney immediately. Laws vary dramatically by state, and an experienced lawyer can evaluate your case, challenge the evidence, and potentially get charges reduced or dismissed.

About the Author

Sarah Klein, JD, is a former criminal defense attorney with hands-on experience in cases involving DUIs, petty theft, assault, and false accusations. Through All About Lawyer, she now helps readers understand their legal rights, the criminal justice process, and how to protect themselves when facing charges.
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