Can you go biking under the influence? It depends on the state. In California it’s illegal, but the penalty is a $250 fine, no jail time, and there is no effect on your driving privileges. In other states like Iowa and Michigan, there is no penalty for biking while impaired.
Does it matter? According to a study from the National Institute of Alcohol Abuse and Alcoholism, once a driver gets drunk, the risk of injury and death for the driver and others around goes up considerably. Alcohol is involved with almost 50% of all traffic fatalities and around 30% of accident injuries.
Biking and Drinking
When it comes to cycling, alcohol plays and even more significant roll in deaths and injuries. In 2017 a report from the National Highway Traffic Safety Association said that out of around 800 bicycling deaths in accidents with motor vehicles, 37% involved alcohol. While this is significant enough, it turns out that of those deaths, 25% occurred where the cyclist was impaired but only 7% where the motorist was impaired.
If that wasn’t enough evidence that biking and drinking is a bad idea, there are several studies that show how drinking affects how people ride their bikes and how much it increases their risk of accidents. These studies show:
- The use of alcohol by cyclist increase the risk of an accident by 400%.
- 15% of all bicycle injuries occurred with the cyclist having consumed alcohol.
- Impaired cyclists were less likely to use a helmet.
- Impaired riders are more likely to ride at night for leisure.
- Cyclists using alcohol more likely to ride faster.
- Cyclists who don’t wear a helmet are twice as likely to be impaired.
- No helmet raises the risk of significant head injury.
Impaired Bicycle Laws
Most states make riding a bicycle on public streets while impaired a crime, however, there are significant differences in each states’ laws regarding biking drunk. In some states, the penalty is the same as if you were driving a motor vehicle, and in others, the penalty is relatively mild.
State by State Impaired Bicycling Laws
| State | Does Bike = Vehicle for DUI? | State DUI/Bicycle Law |
| Alabama | Yes | Motor vehicle DUI law includes bicycles |
| Alaska | No | There is no law against impaired bike riding |
| Arizona | No | There is no law against impaired bike riding |
| Arkansas | No | No DUI/DWI, but can be cited for public drunkenness |
| California | No | Law addresses DUI cycling on public streets only. $250 fine, no jail time |
| Colorado | Yes | Motor vehicle DUI law includes bicycles |
| Connecticut | Yes | Motor vehicle DUI law includes bicycles |
| Delaware | No | Can’t ride a bike on public roadways if it would “create a hazard” |
| District of Columbia | Yes | Motor vehicle DUI law includes bicycles |
| Florida | Yes | Motor vehicle DUI law includes bicycles |
| Georgia | Yes | Motor vehicle DUI law includes bicycles |
| Hawaii | Yes | Motor vehicle DUI law includes bicycles |
| Idaho | Yes | Motor vehicle DUI law includes bicycles |
| Illinois | No | No DWI unless bike is motorized and going over 20mph |
| Indiana | Yes | Motor vehicle DUI law includes bicycles |
| Iowa | Yes | Can get OWI – operating while intoxicated |
| Kansas | No | No DUI bike laws |
| Kentucky | No | Kentucky’s DUI motor vehicle law specifically addresses “non-motorized” vehicles which includes bicycles. |
| Louisiana | No | No separate law concerning bikes. Louisiana court ruled that motor vehicle DUI doesn’t apply to bikes. |
| Maine | No | No law against impaired bicycle riding |
| Maryland | Yes | Motor vehicle DUI law includes bicycles |
| Massachusetts | No | No law against impaired bicycle riding |
| Michigan | No | No law against impaired bicycle riding |
| Minnesota | No | No law against impaired bicycle riding |
| Mississippi | Yes | Motor vehicle DUI law includes bicycles |
| Missouri | No | No law against impaired bicycle riding |
| Montana | No | No law against impaired bicycle riding |
| Nebraska | No | No law against impaired bicycle riding |
| Nevada | No | No law against impaired bicycle riding |
| New Hampshire | Yes | Motor vehicle DUI law includes bicycles |
| New Jersey | No | No law against impaired bicycle riding |
| New Mexico | No | No law against impaired bicycle riding |
| New York | No | No law against impaired bicycle riding |
| North Carolina | Yes | Motor vehicle DUI law includes bicycles |
| North Dakota | Yes | Motor vehicle DUI law includes bicycles |
| Ohio | Yes | Motor vehicle DUI law includes bicycles |
| Oklahoma | No | No law against impaired bicycle riding |
| Oregon | Yes | Motor vehicle DUI law includes bicycles |
| Pennsylvania | Yes | Motor vehicle DUI law includes bicycles |
| Rhode Island | Yes | Motor vehicle DUI law includes bicycles |
| South Carolina | No | No law against impaired bicycle riding |
| South Dakota | Yes | Motor vehicle DUI law includes bicycles |
| Tennessee | No | No law against impaired bicycle riding |
| Texas | Yes | Motor vehicle DUI law includes bicycles |
| Utah | No | The law applies to bikes, but it prohibits any penalty against the offender’s license |
| Vermont | No | No law against impaired bicycle riding |
| Virginia | No | No law against impaired bicycle riding |
| Washington | No | Law doesn’t apply to bicycles, but police can impound bike for public safety. Can be retrieved without charge once sober. |
| West Virginia | No | No law against impaired bicycle riding |
| Wisconsin | No | No law against impaired bicycle riding |
| Wyoming | Yes | Motor vehicle DUI law includes bicycles |