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Getbig Main Boards => Gossip & Opinions => Topic started by: ProudVirgin69 on July 17, 2014, 03:31:26 PM
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If I get real drunk and make my way home on my bike, am I at risk of being cited for a DUI? I live in Illinois, for reference.
Google searches are inconclusive....only found a few specific mentions for riding a bike while intoxicated for California.
Please help getbiggers :)
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Knowing nothing about the laws pertaining to that I would imagine some asshole cop might try to write you a ticket for DUI on a bicycle just to have a good story for his other jerk off cop buddies but I have a hard time believing a jury of 6 or 12 of your peers would unanimously find you guilty of that charge.
I would assume worst case scenario you lawyer up with a good attorney and it costs you a few bucks to get it tossed.
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In Ireland cops ignore drunk cyclists but as a driver it pisses me off these beardy girls and hippies in long dresses with baskets at the front of bikes weaving in and out of cycle lanes with impunity risking going under the wheels of any vehicle.
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Retired LE( ok go ahead cheese balls let me have it..17 years in south Bronx,NYC. 5 years undercover) in the penal law it states operating a motor vehicle while impaired..bike does not fit statute of a motor vehicle,although don't know how tolerant other places are of public intoxication( this could be of concern of some lame yahoo cop)
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It can be turned into an O.U.I.- operating under the influence.
Where I'm from that's how they get around bikes, lawnmowers, golf carts, etc
A dude even got one on his electric wheelchair... Later got dropped to public intoxication.
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If I get real drunk and make my way home on my bike, am I at risk of being cited for a DUI? I live in Illinois, for reference.
Google searches are inconclusive....only found a few specific mentions for riding a bike while intoxicated for California.
Please help getbiggers :)
The answer is YES and NO. You will not get arrested for DUI because a bicycle does not fit the state statutes definition of motor vehicle. At most, you could get cited with public intox. However, you can very well be arrested for being black. Hope this helps.
(http://2.bp.blogspot.com/_pFF0-9fPMQg/RnB9nVjyUvI/AAAAAAAAAP8/wusOjqlAFkI/s400/DSC01076.jpg)
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Just take a taxi, hope this helps.
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For the states
http://bikeleague.org/sites/default/files/bui_full_chart.pdf (http://bikeleague.org/sites/default/files/bui_full_chart.pdf)
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Retired LE( ok go ahead cheese balls let me have it..17 years in south Bronx,NYC. 5 years undercover) in the penal law it states operating a motor vehicle while impaired..bike does not fit statute of a motor vehicle,although don't know how tolerant other places are of public intoxication( this could be of concern of some lame yahoo cop)
No, believe it or not a bike is federally Department of Transportation classified as a vehicle when operated on a roadway as strange as that sounds. Therefore it has to comply with all state motor vehicle laws including DWI or DUI depending upon state. Yes, in you can arrest a guy for operating a bike while being under the influence of an intoxicating beverage or drugs.
That chart above in my opinion is wrong and misleading.
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I`ve ridden a bike while hammered.......took me about 2 years to make it home.....fell in busy traffic about 50 fucking times. ;D
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No, believe it or not a bike is federally Department of Transportation classified as a vehicle when operated on a roadway as strange as that sounds. Therefore it has to comply with all state motor vehicle laws including DWI or DUI depending upon state. Yes, in you can arrest a guy for operating a bike while being under the influence of an intoxicating beverage or drugs.
That chart above in my opinion is wrong and misleading.
See, so much conflicting information.... could I call the local police department and ask? Would they give me an honest answer ???
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No, believe it or not a bike is federally Department of Transportation classified as a vehicle when operated on a roadway as strange as that sounds. Therefore it has to comply with all state motor vehicle laws including DWI or DUI depending upon state. Yes, in you can arrest a guy for operating a bike while being under the influence of an intoxicating beverage or drugs.
That chart above in my opinion is wrong and misleading.
Well oldtimer1, here's another chart for ya :)
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Just take a taxi, hope this helps.
this...its not worth the trouble of a ticket or getting arrested.
Take a taxi
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If I get real drunk and make my way home on my bike, am I at risk of being cited for a DUI? I live in Illinois, for reference.
Google searches are inconclusive....only found a few specific mentions for riding a bike while intoxicated for California.
Please help getbiggers :)
depends on the state.
but generally speaking, yes, you can get a DUI.
some states you can still get a DUI while riding a horse.
one state in particular just repealed the law about 4yrs ago since the horse is a living animal and has a "mind of it's own" and you're 'technically' not in control or another live animal... or something like that.
you can get a DUI on a lawn mower... and on a golf cart... and on a tractor.
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Of course you can get a DUI. Just like you can get a ticket for being drunk in public.
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Yes, they can, but it'd more like like public intoxication or something....
just walk the bike if you see a car coming far away.
and don't be in the street dangerously. If you're on the sidewalk, youre just someone who had a few drinks getting home. If you're in and out of traffic on your Huffy, you're fcking up that cop's day eventually, so he'll fck up yours too.
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Yes, they can, but it'd more like like public intoxication or something....
just walk the bike if you see a car coming far away.
and don't be in the street dangerously. If you're on the sidewalk, youre just someone who had a few drinks getting home. If you're in and out of traffic on your Huffy, you're fcking up that cop's day eventually, so he'll fck up yours too.
no it's not... a DUI is a DUI.
doesn't matter if you're on the street or the sidewalk.. if you're on a bike and the state considers it a DUI, you're getting charged.
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(http://gifshost.com/072011/1311246717_downhill_biking_goes_wrong.gif)
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In Ireland cops ignore drunk cyclists but as a driver it pisses me off these beardy girls and hippies in long dresses with baskets at the front of bikes weaving in and out of cycle lanes with impunity risking going under the wheels of any vehicle.
in australia you get done DUI on a bicycle...no different to a car or any other vehicle.
and they can get you in your driveway too. if u are on your phone in a car and the keys are in the ignition, even if it is off, you also get fined.
true story.
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no it's not... a DUI is a DUI.
doesn't matter if you're on the street or the sidewalk.. if you're on a bike and the state considers it a DUI, you're getting charged.
Right, but does my state consider it a dui? That's all I wanna know
If all I'm risking is a ticket, then I don't care, but I don't wanna get hit w a felony for riding my bike while drunk
EDIT: my state being Illinois
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Right, but does my state consider it a dui? That's all I wanna know
If all I'm risking is a ticket, then I don't care, but I don't wanna get hit w a felony for riding my bike while drunk
EDIT: my state being Illinois
the chart shows the evolution of where states are at in terms of testing the legislation. its only a matter of time before DUI applies to any vehicle. Why dont you test it in your state?
law always evolves this way..someone pushes the rules and causes damage or financial loss to another.. at some point this becomes unacceptable and the government decides to police it.
there's no way that over time itll be LESS likely to be done for DUI..as time will just mean more losses due to intoxicated cyclists. eventually itll be law in every state.
you might be the last straw where you are. or you might get lucky and only be part of the start of the change.
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Right, but does my state consider it a dui? That's all I wanna know
If all I'm risking is a ticket, then I don't care, but I don't wanna get hit w a felony for riding my bike while drunk
EDIT: my state being Illinois
it wouldn't be a felony if it's not your 3rd DUI.
first 2 dui's within 10yrs are Class 1 misdemeanors. usually max 1yr county jail, but that's MAX.. hardly anybody ever does more than 10days (if ANY days) in jail over a dui.
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it wouldn't be a felony if it's not your 3rd DUI.
first 2 dui's within 10yrs are Class 1 misdemeanors. usually max 1yr county jail, but that's MAX.. hardly anybody ever does more than 10days (if ANY days) in jail over a dui.
Hmmm you raise an interesting point. All the same, I'm gonna try and ask a police officer to see what he'll say..... stand by for my findings 8)
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felony = prison
misdemeanor = county jail.
honestly, 1yr in prison is better than 6months in county jail.
better food, better living conditions, better commissary, "better people". (ppl in county jail know they're gonna get out sooner, so they tend to run their mouths.. ppl in prison know neither of you are going anywhere for a while, and you'll get your hands on them eventually, whether it takes 6 months or 50months)
.. that being said, best try to avoid both felonies and misdemeanors. lol
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felony = prison
misdemeanor = county jail.
honestly, 1yr in prison is better than 6months in county jail.
better food, better living conditions, better commissary, "better people". (ppl in county jail know they're gonna get out sooner, so they tend to run their mouths.. ppl in prison know neither of you are going anywhere for a while, and you'll get your hands on them eventually, whether it takes 6 months or 50months)
.. that being said, best try to avoid both felonies and misdemeanors. lol
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more eye rolls..
$10 says you do the same "in real life".
"girlfriend"
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No, believe it or not a bike is federally Department of Transportation classified as a vehicle when operated on a roadway as strange as that sounds. Therefore it has to comply with all state motor vehicle laws including DWI or DUI depending upon state. Yes, in you can arrest a guy for operating a bike while being under the influence of an intoxicating beverage or drugs.
That chart above in my opinion is wrong and misleading.
OLDTIMER...each state is different but I am speaking NY state law...operate a motor vehicle means a motorized vehicle(car,bus,truck,boat,snowmobile)...interesting bit about NY-if you have been drinking and pull over in a rest stop to sleep it off and have the car on you are operating a motor vehicle and can be arrested...do a simple thing like take the key out of the ignition and go to sleep-you cannot be arrested for operating a mototr vehicle under the influence....each state is a little different so be more specific when asking
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OLDTIMER...each state is different but I am speaking NY state law...operate a motor vehicle means a motorized vehicle(car,bus,truck,boat,snowmobile)...interesting bit about NY-if you have been drinking and pull over in a rest stop to sleep it off and have the car on you are operating a motor vehicle and can be arrested...do a simple thing like take the key out of the ignition and go to sleep-you cannot be arrested for operating a mototr vehicle under the influence....each state is a little different so be more specific when asking
in most states, if you're drunk in the car, even if the keys are out of the ignition and in your pocket, you can get a DUI. (you're sleeping in the car, legally drunk, at .08 or higher, and the keys are in the glovebox, you'll get a DUI.... if you sleep in your car, toss the keys outside or under the car, and hope you find them in the morning)
in CA, if the keys are in the ignition and you're OUTSIDE the car, you can get a DUI (as well as other states).
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If you're hammered, refuse the breathalyzer every time and tell the cop you had zero to drink and that you can't drink because you have a men in thongs contest coming up in 4 weeks. If he busts you for DUI, pay a few grand for a lawyer and it will get dropped to reckless driving almost every time...You'll still lose your license, but it won't be for DUI...