Can You Get a DUI on a Bike?

In Washington State, you cannot get a DUI on a bicycle because the DUI law applies only to motor vehicles. Bicycles are not considered motor vehicles under state law, so riding a bike while drunk or high doesn’t lead to a standard DUI charge.

Police can still stop you if you’re riding unsafely while impaired. While it’s not a DUI, biking under the influence is still dangerous and can put you and others at risk. An experienced Tacoma DUI lawyer can review your case and protect your rights.

What the Law Says About Intoxicated Bicyclists in Washington

Under RCW 46.61.790, if a police officer sees someone on or near a public road who appears to be drunk or high while riding a bicycle, the officer can offer to help. The officer may either take the rider to a safe place or release them to a sober, responsible person. However, this help is optional; the rider can say no.

When the Police Can Take Action

Even though riding a bicycle under the influence isn’t a DUI in Washington, police can still step in if they believe you’re a danger to yourself or others. If you’re riding unsafely (swerving into traffic, ignoring signals, or showing signs of serious impairment), an officer has the authority to act to prevent harm.

Aside from offering you a ride to a safe place or impounding your bicycle, police may also issue citations for other offenses, such as:

• Disorderly conduct: This charge may apply if your behavior is loud, threatening, or disruptive to others. For example, if you’re yelling in the street, picking fights, or blocking traffic while intoxicated, police can cite you for disorderly conduct, even if you’re not on your bike at the time.
• Failure to obey traffic laws: Bicyclists in Washington must follow the same rules of the road as drivers. That means stopping at red lights, riding in the correct direction, and yielding when required. If you’re intoxicated and ignoring these laws, you may be cited for traffic violations, which could include fines or points on your record.
• Obstructing traffic: If you’re blocking lanes, weaving into traffic, or riding in a way that disrupts the normal flow of vehicles or pedestrians.

Impoundment of the Bicycle

In some cases, a police officer may choose to impound a bicycle if the rider is clearly intoxicated and poses a risk to public safety. This usually happens when the officer believes there are no safe or reasonable alternatives, like having a sober person take the bike or leaving it in a secure place. The goal is to prevent accidents or injuries, not to punish the rider.

If your bike is impounded, you have the right to get it back without paying any fees. The officer will give you a written notice that explains where and when you can reclaim it. You can pick it up once you’re no longer intoxicated, or someone else can retrieve it if they can prove they own it.

If the bike is not claimed within 30 days, it may be sold or disposed of according to local agency rules. To avoid losing your bicycle, follow the instructions on the notice and reclaim it as soon as possible.

Understanding DUI Laws in Washington

In Washington, it is illegal to drive a motor vehicle while affected by alcohol, drugs, or both. A person can be charged with a DUI if their blood alcohol concentration (BAC) is 0.08% or higher, or if they are noticeably impaired while operating a motor vehicle.

This law applies only to motor vehicles, such as cars, trucks, motorcycles, and mopeds. Bicycles are not considered motor vehicles under Washington law. This means you cannot be charged with a DUI for riding a bike while intoxicated. However, other laws still allow police to take action to protect your safety if you’re biking under the influence.

Riding a Bicycle Under the Influence Is Dangerous

While riding a bicycle under the influence doesn’t result in a DUI in Washington state, it can still be extremely dangerous. Alcohol or drug use affects your ability to think clearly, react quickly, and control your movements.

Just like driving a car, biking while impaired puts you and others at serious risk. Roads are shared spaces with fast-moving vehicles, pedestrians, and other cyclists. Being intoxicated makes it much harder to stay safe and follow traffic rules.

Here are some of the risks of biking under the influence:

• Slower reaction times: You may not be able to respond quickly to cars, pedestrians, or traffic signals.
• Poor balance and coordination: This increases your chances of falling or veering into traffic.
• Impaired judgment: You’re more likely to take risks or ignore safety rules, like riding without lights or against traffic.
• Reduced awareness: It’s harder to notice hazards such as potholes, curbs, or other vehicles.
• Increased chance of accidents: You’re more likely to crash, which can result in serious injuries or even death.

Even if you avoid criminal charges, you could still face medical bills, property damage, or civil liability if you injure someone else. To stay safe, walk, call a friend, or use a rideshare service if you’ve been drinking or using drugs.

You Can’t Get a DUI on a Bicycle in Washington State

At NextLaw, we are dedicated to protecting your rights. If you face any charges, please contact us, and we will review your options. Our attorneys will review the unique details of your case and create a personalized approach.

Our team has over 100 years of combined experience helping our clients. All of our defense lawyers are former prosecutors who have handled more than 100 jury trials combined, covering both misdemeanor and felony cases. Call Dan Next to learn more about how we can help you.