Can You Get a DWI in New York if You Ride Your Bicycle Drunk?

In many states, a person who rides a bicycle while intoxicated could potentially face the same charges as someone who was driving a regular motor vehicle while drunk. The reasoning behind this is that the person on the bicycle is operating a "vehicle" while impaired, and therefore poses a threat to both themselves and others on the road.

In New York, however, the laws regarding riding bicycles while intoxicated are different than those for driving a vehicle.

According to New York State law, a person riding a standard bicycle, foot-operated scooter, skateboard, or any other form of non-motorized vehicle while under the influence of drugs or alcohol cannot be charged with a DWI.

The reason a person can't be charged with a DWI if they're on a bike, scooter, skateboard, or anything else that's not motorized is that the law explicitly defines the offense as applying only to the operation of a motor vehicle. However, if an accident involving the person riding their bicycle drunk were to happen, a chain reaction involving other vehicles is a possibility.

With that being said, this does not mean that a person who is found to be intoxicated while riding a bicycle or other non-motorized vehicle won't face any legal consequences.

While a person cannot be charged with a DWI if riding their bicycle drunk, they can still be charged with public intoxication or another form of endangerment. These charges might result in minor punishments such as court costs and fines, but they could add up in case of future offenses.

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We asked lawyer Joe Stanley of Stanley Law his take on the legalities of riding a bicycle while drunk in New York and this is what he had to say.

So, before you hop on your bicycle drunk, you should consider erring on the side of caution If you plan to consume alcohol or drugs, it is best to stay off of non-motorized vehicles, and avoid motorized vehicles as well. Finding a safe place to park yourself after indulging is the best way to avoid any potential legal trouble.