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In Bars & Clubs
The blurry lines of cycling under the influence laws
The laws regarding drinking and biking vary from state to state. Do you know what Wisconsin's are?  
By Julie Lawrence RSS Feed Twitter Feed
OnMilwaukee.com Staff Writer

E-mail author | Author bio
More articles by Julie Lawrence

Published Feb. 18, 2009 at 8:32 a.m.
Tags: biking, bicycle, group ride, cycling under the influence, drunk biking, dui, pub crawl


In Wisconsin, driving a motorized vehicle with a blood / breath alcohol concentration (BAC) of 0.08 or greater could land you with a driving under the influence (DUI) citation, fines, license revocation and, depending on your record, imprisonment and possible seizure of your vehicle.

But what about operating a bicycle while intoxicated? Well, that all depends on if a bike is legally considered a vehicle, and that distinction varies from state to state.

In California bicycles are not considered vehicles and therefore are not covered by the state's drunk-driving laws. The California Vehicle Code has a separate provision, however, covering bicycles that states that it is unlawful to ride a bicycle on a highway while intoxicated. And in this context, "highway" includes public streets, though not driveways or private roads.

A cyclist convicted for cycling under the influence (CUI) in California faces a fine of $250.

In Wisconsin, things are different. Based on current state statutes 340.05(5), 346.02(4)(a) and 346.80(2)(a), "The bicycle is defined as a vehicle. The operator of a vehicle is granted the same rights and subject to the same duties of the driver of any other vehicle."

But Anthony Wiener, a law student at Marquette University, says that unless your vehicle has a motor, such a moped or a motorcycle, a rider over the legal limit is likely to be only cited for public intoxication, if anything at all.

"There's a possibility you could get reckless endangerment if you're riding down the street punching people in the face," he adds. "But our state statues for this kind of thing fall under public intoxication."

The Wisconsin Department of Transportation agrees, and states that while a citation for operating a motorcycle under the influence would affect a person's driving record, a cycling citation would not.

Tim Krause, avid Milwaukee cyclist, says he was stopped once by a police officer on a late-night ride through Downtown. The streets were clear and he failed to stop at a red light.

"I was leaving the bar and I was drunk. (The officer) asked me where I was coming from and where I was headed. He was pretty nice about it and told me I was too drunk to be riding my bike and I should walk it the rest of the way."

With two to three miles left on his ride home, he was inconvenienced -- a consequence he said he'll accept any day over a DUI.

Krause doesn't think the same law should apply to motor vehicles and bicycles.

"You're not going to kill anyone if you get into an accident on your bike," he says. "There's a point at which you know you shouldn't be riding, but, with everything, it depends on your experience. I don't cut off cars, I ride responsibly."

Responsible riding can go a long way, says Milwaukee attorney Daniel E. Goldberg, a USCF Category 3 licensed cyclist. His Web site WiBikeLaw.com advises all riders to obey the rules of the road and lists Wisconsin's bike laws for safety.

Goldberg has represented cyclists who've been struck by drivers (and other cyclists), cyclists whose bike malfunctioned and whose equipment was damaged in accidents. But he says he's never come across a CUI case.

"I don't know that there is a need for the law. A drunken cyclist is probably more likely to cause injury to himself than to anyone else an I'd agree that the consequence would be too severe for what you did. The problem with drink driving is that you can kill someone because you're combing alcohol with something really big, heavy and dangerous. Isn't (an intoxicated cyclist) much more like an intoxicated pedestrian than an intoxicated driver?"

Bill Rouleau has organized the yearly Tour de Farce and Biketoberfest rides for the last eight years. These local pub crawls can sometimes attract up to 250 riders, but he says he's had no real legal issues to date.

"We've had minimal police contact, but for the most part, they have bigger fish to fry. We've had the occasional complaint from neighbors that someone's bike is on their lawn, but other than that, there have been no real problems."

He announces the start of each ride with the same parameters: obey the rules of the road, don't antagonize automobiles, follow the route as prescribed and tip your bartenders.

Generally, he says, his riders comply.

"One of my fears is that people are going to start thinking it's critical mass and do something stupid. But everyone is always really cool."

Milwaukeeans gather twice a year for a leisurely evening ride through Cudahy, Bay View or Walker's Point making several predetermined stops at neighborhood bars. Rouleau says the bars have almost always welcomed the crew back.

"For me it's more of a social event with drinks, not a drinking event on bikes," he says. "You don't have to get wasted, that's not the point of it."

6 comments about this article.
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Recent Talkbacks ...

Posted by rabid652 on Feb. 18, 2009 at 3:10 p.m. (report)

When I'm driving, there is a cyclist in the right lane ahead of me and I see a red light approaching, I'll have the common courtesy not to pass them and then try to turn right immediatly in front of them. Slow down, let them stop at the light and go, THEN make your right turn! Now, if you are stopped at a light and waiting to make a right turn after NOT cutting of a cyclist, it is their responsibilty to let you turn first before pulling up to the light. I live on the eastside and drive to work everyday. During the warmer months, I'll probably interact with at least 10 cyclist each commute. I'd say 90% of them ride in a safe and respectful manner...even if they treat red lights like stop signs. Making it sound as if 90% ride dangerously is ridiculous.

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Posted by rnzh102 on Feb. 18, 2009 at 2:46 p.m. (report)

The difference between people on bikes and people walking is that the bikes are sharing the road with the cars and the people walking are on the sidewalk. The problem with treating red lights like stop signs is this. When approaching a controlled intersection in a car where you are allowed to turn right on red; I normally stop, look left, look right and make sure no one is walking across and then go. The problem occurs when someone on a bike blazes up the middle of the road, cuts across the front of my car, pauses for 1 sec and then blows the light. I have almost killed multiple people because of it. Again, I will say this so everyone in the cheap seats can hear me. I have no problem with people on bikes!!! I only have problems when they chant "share the road" but refuse to obey any of the traffic laws. Grow up, the excuse "well, someone else is breaking the law so I can to" doesn't work.

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Posted by FunkyBrewster on Feb. 18, 2009 at 11:05 a.m. (report)

I remember biking with headphones on drunk and high with no hands on the handlebars singing the songs lyrics with my eyes closed or looking upwards at a pitch black sky... I almost killed these crazy before the crack of dawn fast walkers... i remember feeling the brush of their vinyl jackets as i split between them i peddled away as they yelled at me that "i could have killed them"... only if i had drank more brandy they might have smelled me coming....

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Posted by rabid652 on Feb. 18, 2009 at 11:01 a.m. (report)

I really don't understand why it is so hard for motorists to tolerate cyclists! I drive as much as anyone else but I don't find it too hard to slow down every once in a while to give a cyclist ample space. Its funny how every complains about cyclists treating red lights as stop signs yet no one has a problem with jaywalking...whats the difference? Those cyclists who recklessly weave in and out of traffic and those who blow through lights without looking deserve whatever happens to them. However, most of us ride fairly responsably (more than can be said for most motorists!) even if we treat lights like stop signs! That being said, riding a bicycle drunk is extremely dangerous and I would not recommend it. I've tried it a couple times and wiped out terribly the last time...too scared to do it again. Of course, after 2 or 3 beers where one may or maynot be above the legal limit is a different story.

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Posted by rnzh102 on Feb. 18, 2009 at 9:53 a.m. (report)

I had a friend in college who was citing for DUI on his bike in Madsion. I don't remember what the outcome of the trial was though. As for bikes being considered vehicles.....it would be nice if people on bikes would actually obey the traffic laws on the eastside. I drive the eastside everyday and I have never made it from point A to point B without watching someone on a bike blow a red light, cut me off or drive between the two lanes of traffic. Another common one I see is treating a red light like a stop sign. Hey, I'm all about being green and riding a bike instead of driving a car but why is it so hard for people to obey traffic laws?

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