Drink drive
- Thread starter farmer
- Start date
I am no expert in that subject. However, I do believe that a cyclist must obey the rules of the road. If a cyclist, possessing a drivers license, is caught on the road over the legal limit it only makes sense they would be charged. A drunken cyclist is as much of a danger to themselves and others as a drunken driver of a motor vehicle. I am sure someone will set the record straight.
In the UK the offence is being drunk in charge of a bicycle (1872 licensing act.)
You cannot get points or similar as driving wasnt invented let alone licensed.
A court DOES have a power to revoke a licence for ANY offence but this is very rarely used.
There is no power to breathalyser or do a blood test so the evidence comes down to a police officer, who is acknowledged as an expert witness as to if someone is drunk or not, to say that someone was too drunk to ride.
It also applies to things like horse and carts etc.
Section 30 Road Traffic Act 1988 says: "It is an offence for a person to ride a cycle on a road or other public place when unfit to ride through drink or drugs - that is to say - is under the influence of a drink or a drug to such an extent as to be incapable of having proper control of the cycle."
However similarly no power to breath test etc. so in short no you can't lose your driving licence for being drunk in charge of a bike but you could still be charged for other offences.
You cannot get points or similar as driving wasnt invented let alone licensed.
A court DOES have a power to revoke a licence for ANY offence but this is very rarely used.
There is no power to breathalyser or do a blood test so the evidence comes down to a police officer, who is acknowledged as an expert witness as to if someone is drunk or not, to say that someone was too drunk to ride.
It also applies to things like horse and carts etc.
Section 30 Road Traffic Act 1988 says: "It is an offence for a person to ride a cycle on a road or other public place when unfit to ride through drink or drugs - that is to say - is under the influence of a drink or a drug to such an extent as to be incapable of having proper control of the cycle."
However similarly no power to breath test etc. so in short no you can't lose your driving licence for being drunk in charge of a bike but you could still be charged for other offences.
If your electric bike is legal (15 MPH cut out and all of the other trimmings), then in the eyes of the law it is a pedal bicycle. You can't lose your driving licence for riding a pedal bicycle whilst drunk. There is an offence of being drunk in charge of a pedal cycle, but to commit that offence does not jeopardise your driving licence.
If your bike is ilegal (cut out speed greater than 15 MPH), then in the eyes of the law, it is not longer a pedal bicycle. My guess is that it would be viewed as being a mechanically propelled vehicle for the purpose of the offence. Mechanically propelled vehicle is used as a bit of a catch-all for people driving machines (not cars) when drunk. JCBs, road rollers, ride-on mowers etc. Being charged with driving a mechanically propelled vehicle with excess alcohol in the blood carries the same penalty as driving a car, so in that case, you would stand to lose your licence.
How you would be be caught and the chances of being caught is another question.
If your bike is ilegal (cut out speed greater than 15 MPH), then in the eyes of the law, it is not longer a pedal bicycle. My guess is that it would be viewed as being a mechanically propelled vehicle for the purpose of the offence. Mechanically propelled vehicle is used as a bit of a catch-all for people driving machines (not cars) when drunk. JCBs, road rollers, ride-on mowers etc. Being charged with driving a mechanically propelled vehicle with excess alcohol in the blood carries the same penalty as driving a car, so in that case, you would stand to lose your licence.
How you would be be caught and the chances of being caught is another question.
D
Deleted member 4366
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Basically, there's not much they can do unless you're totally drunk.If they ask you why you can't walk or ride in a straight line, try and tell them politely that you haven't slept for three days because you're worrying about your financial situation, so you can't concentrate. If you start shouting abuse at them, I'm afraid it's game over.
I posed a similar question to a police officer friend of mine. He confirmed that no one would be in trouble for riding a bicycle drunk.
A few weeks later, another friend had more than was good for him and crashed his bike through a hedge. Ambulance and police attended the scene, they patched him up and sent him on his way.
Things may be different outside of Devon.
A few weeks later, another friend had more than was good for him and crashed his bike through a hedge. Ambulance and police attended the scene, they patched him up and sent him on his way.
Things may be different outside of Devon.
My understanding is that, provided you are riding a 'legal' ebike, then it is a bicycle and not classed as a mechanically propelled vehicle. There is the offence of drunk in charge of a bicycle, but I don't believe the road traffic act applies. Of course, if you are riding like an idiot then I'm sure the boys in blue will come up with some law to prevent you doing so. As with so many things in life, just ride sensibly.
I have had the pleasure of being pulled over, (perhaps too strong a term) on two occasions around 11.45pm after having consumed a couple of 'sharpeners' at the local pub. The first time, the officer enquired if the bike was electric, as he could see the red lights on the handlebars as he cruised past. Clearly he was intrigued and when offered a go he took it up the road for 200 yards and back, much to the amusement of his colleague. We had a little chat about ebikes and off he went.
On the second occasion, the officer said," no problem sir, I just wanted to commend you for making sure you are visible and safe, we could see you from a mile away". I was wearing hi-viz and have two powerful rear lights. On departing he enquired, "have you had a drink this evening sir". I said that I had enjoyed a couple and was on my way home. "Ride safely sir". And that was it, not a hint of animosity, and I was a little worse for wear! Nothing in life is for sure, but if you are sensible, I don't think you will have a problem. It is pertinent that my journey home from the pub is rural and very dark and quiet, and a grey haired old fart dressed to the 9's in hi-viz at that time of night is bound to arouse some curiosity from passer's by as to what on earth I am doing there!!
I have had the pleasure of being pulled over, (perhaps too strong a term) on two occasions around 11.45pm after having consumed a couple of 'sharpeners' at the local pub. The first time, the officer enquired if the bike was electric, as he could see the red lights on the handlebars as he cruised past. Clearly he was intrigued and when offered a go he took it up the road for 200 yards and back, much to the amusement of his colleague. We had a little chat about ebikes and off he went.
On the second occasion, the officer said," no problem sir, I just wanted to commend you for making sure you are visible and safe, we could see you from a mile away". I was wearing hi-viz and have two powerful rear lights. On departing he enquired, "have you had a drink this evening sir". I said that I had enjoyed a couple and was on my way home. "Ride safely sir". And that was it, not a hint of animosity, and I was a little worse for wear! Nothing in life is for sure, but if you are sensible, I don't think you will have a problem. It is pertinent that my journey home from the pub is rural and very dark and quiet, and a grey haired old fart dressed to the 9's in hi-viz at that time of night is bound to arouse some curiosity from passer's by as to what on earth I am doing there!!
In Australia you can get charged with DUI on a push bike. You even lose your car licence.
What a joke!
What a joke!
In France you lose points off your drivers licence. Same thing if you commit a road code offence as a pedestrian.
Wobbling home on an unlit bicycle after having a couple is a fine rural tradition which should be celebrated and preserved.
I believe that Charles Darwin had a term for those types of activity lol! ;-)
People take a bike to save drink driving.
If their car licence were just as much at risk I suspect many would dump the bike and take the car instead.
If their car licence were just as much at risk I suspect many would dump the bike and take the car instead.
A couple of years ago a neighbour out here in the deep country was an inveterate drunk driver. He was even caught pissed and swaying in a town car park late at night trying to start his 750 Honda when he was disqualified from driving. He was close to going down for a spell for that one.
So when he got a three year ban he took to riding his pushbike to work, which was a fair way and very hilly, and sometimes rode the sturdy pony that was nominally for his daughter through the lanes to the pub bareback. The animal bought him home hanging on and singing more than once.
So when he got a three year ban he took to riding his pushbike to work, which was a fair way and very hilly, and sometimes rode the sturdy pony that was nominally for his daughter through the lanes to the pub bareback. The animal bought him home hanging on and singing more than once.
As pointed out above provided the pedelec was a legal one then it would be classified as a bicycle and being drunk in charge of it would come under the remit of the Victorian licensing act of 1872 rather then the Road Traffic act of 1988 which deals with mechanically propelled vehicles and motor vehicles. The the 1872 Licensing act has a rather bizarre list of things you can be in drunk in charge of such as a carriage, horse, cattle, steam engine, bicycle, any loaded firearms or even a pub !! That list is from memory and there is probably a few more additional items not listed.
If the pedelec is not a strictly legal one then it would become a mechanically propelled vehicle under the Road Traffic act 1988 and you could be dealt with under Sect 4 of that act or even Sect 5 if the pedelec was thought to be a really a moped. That would be a bit of an issues I suspect for a Magistrates Court to decide.
I have personally dealt with two cases of someone drunk in charge of an electric wheelchair both following accidents with cars and both arrested and subsequently breathalysed at a police station. One of those concerned was an alcoholic and the other a man with one leg very drunk but with some mental health problems (he was also I kid you not registered blind).
Both cases were subsequently dropped by the CPS as being not in the public interest to pursue.
I'm a first time poster and enjoying this forum.
If the pedelec is not a strictly legal one then it would become a mechanically propelled vehicle under the Road Traffic act 1988 and you could be dealt with under Sect 4 of that act or even Sect 5 if the pedelec was thought to be a really a moped. That would be a bit of an issues I suspect for a Magistrates Court to decide.
I have personally dealt with two cases of someone drunk in charge of an electric wheelchair both following accidents with cars and both arrested and subsequently breathalysed at a police station. One of those concerned was an alcoholic and the other a man with one leg very drunk but with some mental health problems (he was also I kid you not registered blind).
Both cases were subsequently dropped by the CPS as being not in the public interest to pursue.
I'm a first time poster and enjoying this forum.
I had to read that twice, as I wasn't sure how someone could get drunk in one leg only...
I've only ever ridden a throttle based legal bike when only a bit drunk
I found 15 mph ridiculous hard to control and fell of damaging myself and bike ( no where near busy traffic I might add)
Walking , no problem. Engaging in coherent conversion, no problem. Riding a bike fast , disaster!
A real barometer of motor skill loss that was really not otherwise noticeable.
Never again. Only take the unpowerd bike to pub now. That is fine, just totle along at 8 mph
I found 15 mph ridiculous hard to control and fell of damaging myself and bike ( no where near busy traffic I might add)
Walking , no problem. Engaging in coherent conversion, no problem. Riding a bike fast , disaster!
A real barometer of motor skill loss that was really not otherwise noticeable.
Never again. Only take the unpowerd bike to pub now. That is fine, just totle along at 8 mph
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