Cycling While Intoxicated — Could this Lead to D.U.I. Charges?

Sometimes the law can be misunderstood, other times misquoted. These discrepancies can lead citizens to be misinformed of the laws which govern them. One such example where there seems to be a considerable amount of confusion is Utah's liquor laws and whether or not they pertain to cyclists.

I would, thereby like to offer some information in the interest of keeping everyone informed of the law not only so they can follow it, but also so that they do not inadvertently harm others. It has long been held amongst the cycling community that the operators of bicycles can not be charged with a D.U.I. This, however, this may not be 100% accurate. In fact, I was recently made aware of a cyclist in the Park City area who was cited for D.U.I while riding his bicycle. The full article is entitled "Wheels of Justice" and can be read on City Weekly's website.

With the foregoing caveats, I concur with the opinion that D.U.I. is not nearly as prevalent a criminal charge for cyclists as it is for motorist. This, however, does not mean that I support riding your bicycle while you are intoxicated. Doing so could result is harm to yourself or others. Additionally, even though cyclists may not be charged with a D.U.I., they could certain be charged with other criminal conduct, such as public intoxication.

If you are interest in looking at the specific Utah laws which govern D.U.I. laws, I refer you to the following sections of the Utah Code, §41-6a-102, § 41-22-2, § 73-18-2, and § 41-6a-503 which can be located at http://le.utah.gov/UtahCode/title.jsp. If you desire additional information or have questions or comments, please feel free to contact my office directly at (801) 424-1000.