Can You Get a DUI on a Bike in Minnesota?
If you are arrested for operating a motor vehicle while impaired (DWI) in Minnesota, a conviction could bring about some steep consequences. But can you get a DWI on a bicycle in Minnesota?
No, You Cannot Get a DUI on a Bicycle in Minnesota
Under Minnesota law, you cannot be charged with Driving Under the Influence (DUI) while operating a bicycle. A DUI applies only to motor vehicles as defined by Minnesota Statutes Section 169A.03. The law defines a motor vehicle as “any self-propelled vehicle” or one powered by electric means, such as motorboats or trolleys. Since a bicycle is powered solely by human effort, it does not fall under the legal definition of a motor vehicle, exempting cyclists from DUI charges.
However, this does not mean that riding a bicycle while intoxicated is without potential legal or safety consequences. Cyclists could still face other legal issues or endanger themselves and others. The simplest way to avoid a DUI while biking is to never ride a bike when impaired.
That does not mean you can ride a bicycle on a public street while intoxicated without any potential consequences. If you face an arrest for an alcohol-related incident, let a Minneapolis DWI defense lawyer at Gerald Miller assist you in developing a winning defense. Arranging for a sober ride home is the best practice after drinking to avoid any legal or safety issues.
The Definition of a Vehicle in DUI Cases
While DWI offenses can involve a wide range of fact patterns, a prosecutor must establish certain elements in any of these cases in order to obtain a conviction. In addition to establishing that a defendant in a DWI was intoxicated, the state must also show that they were operating or in actual physical control of a motor vehicle. It is the definition of a motor vehicle under state law that excludes a cyclist from possible DWI charges. The blood alcohol concentration (BAC) limit for DUI is typically 0.08% across many states including Georgia and California.
The definition of “motor vehicle” is found at Minnesota Statutes Section 169A.03. According to the statute, the term is defined as:
“Motor vehicle” means every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires. The term includes motorboats in operation and off-road recreational vehicles, but does not include a vehicle moved solely by human power.
Why Bicycles Are Not Covered Under DUI Laws in Minnesota
The legal definition of a motor vehicle is crucial in determining DUI applicability. According to Minnesota Statutes Section 169A.03:
- Motor vehicles include cars, trucks, motorcycles, motorboats, and even off-road recreational vehicles, provided they are self-propelled or powered by electricity.
- Exclusions: The statute explicitly excludes vehicles moved solely by human power, such as bicycles, skateboards, and rowboats.
This exclusion ensures that cyclists cannot be charged with DUI, even if riding under the influence. However, modifications like adding a motor to a bicycle may change its classification, potentially subjecting the cyclist to DWI charges. Penalties for biking under the influence can include jail time and hefty fines, even for a first offense, depending on the jurisdiction. Riding a bicycle while intoxicated is considered a DUI in states like California and Florida, where bicycles are considered vehicles under the law.
What Are the Legal Differences Between a DWI and Cycling Under the Influence?
While Minnesota law excludes bicycles from DWI charges, understanding the distinctions between DWI and cycling under the influence is essential: Florida applies DUI laws to any vehicle, including bicycles, making it crucial for cyclists to be aware of state-specific regulations.
- DWI (Driving While Intoxicated)
- Applies to motor vehicles, including cars, motorcycles, and motorized scooters.
- Requires proof of intoxication (e.g., BAC of 0.08 or higher) and operation of a motor vehicle.
- Carries severe penalties such as fines, jail time, license suspension, and vehicle forfeiture.
- Cycling Under the Influence
- Does not lead to DWI charges due to bicycles being excluded from the “motor vehicle” definition.
- May result in other legal consequences, such as disorderly conduct or obstructing traffic.
- Focuses more on public safety and preventing harm rather than imposing DWI penalties.
Understanding these distinctions can help cyclists navigate legal concerns and avoid unintended consequences.
Legal Exceptions: When a Bicycle May Be Treated as a Motor Vehicle
In rare cases, bicycles modified with a motor may qualify as motor vehicles under DWI statutes. For example:
- Electric bicycles with a motorized assist could fall under DWI jurisdiction if the motor propels the bike independently.
- Mopeds or motorized scooters: These are often classified as motor vehicles and subject to DUI laws.
Cyclists should understand how modifications may impact their legal obligations.
Other Elements of a DUI
Prosecution for DUI requires proving both intoxication and control of a motor vehicle. Minnesota law outlines seven ways to establish impairment, including:
- Being under the influence of alcohol, controlled substances, or intoxicants.
- A combination of the above influences.
- A blood alcohol concentration (BAC) of 0.08 or higher within two hours of driving.
- For commercial vehicles, a BAC of 0.04 or higher.
- Presence of Schedule I or II controlled substances (excluding marijuana).
Legal strategies for fighting DUI charges can include challenging breathalyzer accuracy, which may undermine the prosecution’s evidence of intoxication.
- Being under the influence of alcohol, controlled substances, or intoxicants.
- A combination of the above influences.
- A blood alcohol concentration (BAC) of 0.08 or higher within two hours of driving.
- For commercial vehicles, a BAC of 0.04 or higher.
- Presence of Schedule I or II controlled substances (excluding marijuana).
The most common charge is “per se” DWI, which uses a BAC of 0.08 as an objective standard. While unlikely, a bicyclist could theoretically face DWI charges if their BAC test stems from earlier motor vehicle operation. However, bicycles themselves are not classified as motor vehicles under Minnesota law.
Consequences of a DUI Conviction
It is fortunate that a person on a bicycle cannot be convicted of DWI, given the severe penalties involved. Jail time is a major concern, even for first-time offenders, with penalties increasing for repeat convictions. Felony DWIs can lead to years in prison. Hiring an experienced DUI attorney can help reduce fines and penalties or challenge the validity of your arrest, potentially leading to dismissal or reduced charges.
Fines can be substantial, reaching up to $14,000 for felony convictions. Consulting a DUI lawyer before accepting any plea deal is crucial to avoid unnecessary penalties and explore defenses.
Driving privileges may be suspended or revoked, and vehicles can be seized and sold. Felony convictions can result in multi-year license revocations.
Collateral consequences include loss of voting rights, firearm ownership, employment challenges, and impacts on child custody. A DUI conviction remains on your permanent record, potentially affecting future opportunities.
Potential Legal Consequences for Intoxicated Cyclists
While DUI charges are not applicable, other legal repercussions may arise if you ride a bicycle while intoxicated: Following all traffic laws when biking can keep you safe and help avoid legal trouble. California law prohibits cycling under the influence of drugs or alcohol on public roads, and cycling under the influence in California is a misdemeanor offense.
- Disorderly Conduct: Cyclists causing public disturbances while intoxicated may face disorderly conduct charges.
- Impeding Traffic: Riding while impaired on busy roads or highways could lead to charges of obstructing traffic.
- Property Damage or Assault: If an intoxicated cyclist causes an accident, they could face civil liability or criminal charges such as property damage or assault.
- Public Safety Concerns: Police may intervene to prevent harm to the cyclist or others, even without formal charges.
What Are the Safety Risks of Riding a Bicycle While Intoxicated?
Even though cycling under the influence doesn’t result in DWI charges in Minnesota, it poses significant safety risks to both the cyclist and others:
- Impaired Coordination and Judgment
- Alcohol affects balance and motor skills, increasing the risk of falls or collisions.
- Poor judgment can lead to unsafe decisions, like ignoring traffic signals or riding in hazardous areas.
- Increased Accident Risk
- Intoxicated cyclists are more likely to veer into traffic or fail to yield to pedestrians.
- Collisions with vehicles, pedestrians, or stationary objects often result in severe injuries or fatalities.
- Reduced Reaction Times
- Alcohol slows response times, making it harder to avoid sudden obstacles or respond to emergencies.
By understanding these risks, cyclists can make safer decisions and avoid preventable accidents.
Disorderly Conduct for Being Intoxicated on a Bicycle in MN
Likely the most common option in this a situation involving an intoxicated cyclist would be an arrest for disorderly conduct. Disorderly conduct is a broad offense that can cover a wide range of behavior, including causing a disturbance in public.
Often, the primary goal of the police will be to first remove a person from the street. For that reason, they might make an arrest even if they are unlikely to obtain a conviction. The legitimacy of the traffic stop can be challenged in court, which could potentially lead to the dismissal of charges if the stop is deemed unlawful.
Talk to an Minneapolis DUI Defense Lawyer About Your Charges Right Away
If you’re asking can you get a DUI on a bike in Minnesota, the answer is technically No. Instead of a DWI, there are still a number of serious criminal offenses the state could bring if you operated a bicycle on a public roadway while impaired. The attorneys of Gerald Miller have a long history of defending alcohol-related allegations and are ready to get to work on your defense. Call 612-341-9080 as soon as possible to schedule your free consultation.
Related Content:
- What You Need to Know if Charged with a DWI in Minnesota
- Challenging Datamaster DMT Breath Tests in Minnesota DUI Cases
- Court Procedures After a DUI Arrest in Minneapolis
- How Much Does a Criminal Defense Attorney Cost in Minneapolis, MN?
