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

The problems with involving lawyers in life's issues are that you never get a straight answer; it's going to be expensive; and your going to feel screwed. Ride a bicycle in Utah after having a few too many; and you could end up screwed.

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

It has long been held amongst the cycling community that the operators of bicycles can not be charged with a D.U.I. When I was first asked whether a person could get a D.U.I. on a bike, my first thought was not just no, but hell no. You see, there is a case that made it to the Utah Supreme Court that involved two men who had been enjoying a beer laden afternoon, and figured it was a good idea to go horse riding. Someone fell off one of the horses and got hurt. The police responded to the injury and decided to charge the two men with drunk horse driving. The Utah Supreme Court said whoa there to the police as the word "vehicle" cannot "be legitimately read to include horses." State v. Blowers, 717 P.2d 1321 (Utah 1986).

At that time, cyclists took refuge in the fact that in order for one to be arrested and prosecuted for D.U.I. the vehicle" you were driving or riding had to have a motor as horses were now out, and the "vehicle" or "device" driven could not be "human" powered—so bikes were out too.

We cycling advocates also pointed to the statute stating, "A person operating a nonmotorized bicycle or a vehicle or device propelled by human power is not subject to the penalties related to operator licenses under alcohol and drug-related traffic offenses." See U.C.A. § 41-6a-1102.

After Blowers, however, the Utah Legislature changed the D.U.I. statute. It now reads that a "vehicle" is defined as "a device in, on, or by which a person or property is or may be transported or drawn on a highway" with "highway" being defined as just about anything looking like a road that could be a road. Consequently, bored policemen and aggressive prosecutors in Utah are now prosecuting bicyclists for driving under the influence of alcohol. Almost certainly, you will not face the driver's license penalty portion of a D.U.I. ticket; but worse, you could face a steep fine or jail.

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, excellently written, article is entitled "Wheels of Justice" and can be read on City Weekly's website.

I concur with the opinion that D.U.I. is not nearly as prevalent a criminal charge for cyclists as it is for a 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.