Wisconsin has many laws with regard to drunk driving and intoxication. For many people getting around on your bike is convenient and makes sense, but riding a bike while you’re intoxicated could pose a danger to yourself and others.
Is drunk biking illegal or can you legally get on your bicycle after having a few beers?
The question is more complicated than you might think.
Can You Get a DUI/OWI on a Bike in Wisconsin?
If you're wondering if it's against the law to operate a bicycle while drunk in Wisconsin, the short answer is: No.
Technically, you can be arrested for being drunk while riding your bike. If you’re being disruptive or causing harm to others, you can be arrested.
However, based on the letter of the law, you cannot be charged with an OWI while you are on your bike. However, bikes have evolved from the old Schwinn your grandparents had in their garage. If you were on a motorized bike or scooter, yes, you could be arrested for OWI, but bicycles and motor vehicles such as those are two separate kinds of conveyances.
Understanding the Law
In the state of Wisconsin, the language of OWI laws only applies to motor vehicles and not bicycles. In fact, the state legislature specifically left bicyclist out of the OWI laws because bikes were technically not motorized and instead human powered. Lawmakers of the time determined that motor vehicles were inherently more dangerous than bicycles, and hence OWI laws did not apply.
According to Wisconsin Statute §346.63, no person may drive or operate a motor vehicle while under the influence or with a prohibited alcohol concentration. “Motor vehicle” is obviously the term that sets different bikes apart.
In order to get an OWI conviction here in Wisconsin, the prosecution must prove one of two things:
- That the person was operating a motor vehicle in an unsafe manner as a result of alcohol or an illegal controlled substance, or
- That the person was at or above .08 BAC at the time they were operating that vehicle
Many other states have laws against intoxicated biking, yet Wisconsin is unique in that regard. The same goes for our state’s lack of sobriety checkpoints.
Even If Technically Legal Buzzed Biking Is Still Dangerous
We should note that while buzzed biking is technically legal, it is dangerous. A BAC of just .02 could make operating a bicycle extremely dangerous. You could lose control, experience poor balance and coordination, and pose a danger to yourself and others.
What if I Injure Someone While Biking Under the Influence?
When it comes to injuring others, §940.25 does not specify the vehicle needs to be a “motor vehicle” for it to fall under the law.
In other words, if you cause great bodily harm to someone while riding your bike under the influence, you could be looking at a class F felony charge of a maximum of 12.5 years in prison and a $25,000 fine.
Biking While Drunk - Other Citations are Possible
If you are bicycling while drunk, you may not be charged with an OWI, but you could be charged with something else. It is not uncommon for drunk bikers to be charged with disturbing the peace, disorderly conduct, and causing bodily harm. Intoxicated bicyclists can also be charged with riding on sidewalks, weaving through traffic, riding against the flow of traffic, and disobeying traffic signals and signs.
Always Stay Safe While on Your Bike
Just because something is legal does not mean you should do it. If you have a few drinks, make sure you are sober and stable enough to ride a bicycle. When riding your bike, make sure you obey all traffic laws and be mindful of other vehicles and pedestrians.
If you’ve been charged with an OWI-related offense in Wisconsin, it’s crucially important to contact an experienced attorney as soon as possible to assess your situation and help determine the best path forward. Contact us today to set up a free consultation. Please contact us by text or phone at (414) 775-7445 or email at laura@jlfwisconsin.com anytime.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
