DUI on a Bicycle
Nathan asked: Just something that I thought of randomly: how are bikes handled at DUI checkpoints? I know you can get a DUI on a bike, and if the cops notice you obviously riding drunkenly they can pull you over, checkpoint or no, but as far as I know the requirement to get breathalyzed at a checkpoint is tied to having a driver’s license and driving a motor vehicle being a privilege, not a right. So if you’re riding a bike, are you required to stop at a checkpoint? Does it matter whether or not you have a driver’s license (as you may have implicitly consented to being checked even if not in a motor vehicle)?
If you are riding your bicycle and a police officer tells you to stop, such as at a checkpoint, you must do so.
I believe being stopped at a checkpoint is not sufficient for a police officer to conduct a breathalyzer or other DUI test. They must have probable cause such as the odor of alcohol or the appearance or actions of the person. That could occur with a bicyclist stopped by the officer.
I don’t know the effect of a DUI on a bicycle on a driver’s license. Please check with an attorney or your local police.
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