DUIs are never good, but are some worse than others? Can you get one if you’re on a bike? What about an e-bike or moped? Can it affect your job? There’s actually quite a bit of nuance and variation on exactly how DUIs play out, and we’ll cover some of the common flavors here.
Commercial Vehicles
For drivers of regular vehicles, the standard legal BAC limit in most places is 0.08%. However, for those driving commercial vehicles, the limit is usually lower, often set at 0.04%. This reflects the higher standards of safety expected from commercial vehicle drivers.
The consequences of getting a DUI can be more severe if it involves a commercial vehicle compared to a regular passenger vehicle. In a regular vehicle DUI, the consequences are generally limited to your personal life, reflecting your personal driving record and insurance rates. A commercial DUI can carry harsher penalties due to the larger size and weight of the commercial vehicle.
A commercial DUI can result in disqualification from operating a commercial vehicle for a period of time or permanently. For one thing, some states require higher fines and minimum jail sentences for CDL holders. Additionally, federal regulations require that commercial drivers be disqualified from driving a commercial vehicle for one year if convicted of a first DUI in a commercial vehicle. For a second offense, it's a lifetime disqualification.
On top of that, the consequences affect your job. It puts your commercial driver's license (CDL) at risk of being suspended or revoked, which of course can negatively impact your ability to maintain employment as a commercial driver. It ultimately brings more severe financial consequences due to potential job loss, so maintaining a clean driving record is critical for commercial drivers.
Motorcycles
It probably doesn’t surprise you that you can get a DUI on a motorcycle. In most states, the penalties for a DUI conviction are the same whether you were driving a car or a motorcycle. You can expect fines, license suspension or revocation, and possible jail time.
One thing to keep in mind is that in many jurisdictions, motorcyclists have a separate license or what’s called a motorcycle endorsement. While it’s true that motorcycle licenses are often treated as their own separate thing from car licenses, the way that a DUI affects them are the same, and reciprocal. So, if you got a DUI on a motorcycle, you cannot drive a car or a motorcycle.
Another thing to note if you get a DUI charge on a motorcycle is that it becomes harder to use your motorcycle if you get your license suspended. This is because most states require you to install an ignition interlock device (IID) on your motorcycle — even if you were not driving one when arrested. But most IID providers don’t install them on motorcycles. So keep in mind that you’re more likely to be left without a ride if you get a motorcycle DUI.
Bicycles
In most jurisdictions, DUI laws typically apply to motor vehicles, which the National Highway Traffic Safety Administration (NHTSA) defines a as "a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways." Bicycles, being human-powered, do not fit this definition, at least for states that follow the NHTSA’s definition.
Whether or not you can get a DUI charge while biking often boils down to how your state defines “motor vehicle.” If the text of the DUI law in your state specifically prohibits the operation of a "motor vehicle," courts usually do not apply it to bicycles. But laws like these vary a lot by state, and it is possible to get charged with either a DUI or something similar while riding a bike. For a visual layout of the differences between states laws, you can visit the League of American Bicyclist’s Bicycling Under the Influence chart.
In a state with DUI laws that apply more generally to all vehicles, a court may find that bicycles fall into this category and charge bikers with a DUI offense. Some states have explicitly included biking-specific penalties written into their DUI laws. For example, Washington and Texas include bicycles under the definition of “vehicle.”
Other states, such as California and Washington, have separate laws for cycling under the influence. California’s law makes it a misdemeanor punishable by a fine of up to $250, but no jail time. Washington’s law for “intoxicated bicyclists” is more about getting the biker to safety than anything else, and allows for a police officer to offer the biker a ride for themselves or their bikes. It does also allow the officer to impound the bike if the officer feels that the rider is a threat to public safety.
All in all, states generally consider biking under the influence a very different offense than operating a motor vehicle, even if there are penalties. One big difference to keep in mind is that unlike when operating a motor vehicle, when you’re caught drunk biking, the penalties do not affect licenses to drive. Therefore, even if you face fines for biking under the influence, you won’t get a driver’s license suspension or revocation. It also means that if you got a DUI on a motor vehicle and your license was suspended, you can always get around with a bicycle.
Gray Areas
What about e-bikes? Even though they may technically fit under some states’ definitions of “motor vehicle,” depending on the wording of the laws, e-bikes are not treated the same as cars and motorcycles. This is so as long as the bike can’t reach above a certain speed (e.g. 20 mph) or go above a certain horsepower, like mopeds.
But aren’t e-bikes similar to mopeds? Yes and no. While functionally these two are similar, most mopeds have enough horsepower to classify in the same category as motorcycles or cars within the law. The horsepower requirements can vary by state. In most places, something that is called a “moped,” “scooter,” or “Vespa,” will often require a license to operate. In California, for example, you need to have one of two motorcycle license to operate a moped.
In the case of e-bikes, you normally follow the same rules as bicycles, and operating them while drunk brings similar consequences. In the case of mopeds, you follow the same rules are motorcycles or cars. This also means that you can’t operate a moped with a suspended license, and you will face similar penalties for riding it drunk.
Alternative Charges
Finally, for bikers and e-bikers, keep in mind that just because you won’t face the same consequences as you would for a DUI on “real” motor vehicle, there are other charges you could be hit with outside of the DUI world. One good example is public intoxication, which you could get charged with even while walking, but a judge is likely to go harsher on you if you were doing it on a bike, as you potentially endangered other people.
Speaking of endangering others, another charge you could get slapped with while drunk biking is “reckless endangerment.” A third is “disorderly conduct.” It’ll often depend on the officer and the judge what you can get away with while under the influence on a bike.
These charges are all misdemeanor crimes, and can carry even harsher penalties than biking under the influences. On top of fines, they can come with probation and orders for substance abuse treatment.
Lots of Variation
With DUIs on different vehicles, there’s not just a lot of variation between states, but also case by case. The best thing to do is consult a legal expert on DUI law in your area to help answer the questions for your specific circumstances.
Related Resources:
- Car Accidents Caused by Impaired Driving Are On the Rise (FindLaw's Law and Daily Life)
- Can I Be Arrested for DUI After the Fact? (FindLaw's Law and Daily Life)
- Stringent Sentencing in DUI Case Highlights Legal Consequences for Habitual Offenders (FindLaw's Law and Daily Life)
