Blog Category:

DUI

4/28/2010
Bruce Deming
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DC DUI Laws Apply to Cyclists

A recent opinion by the D.C Court of Appeals has ruled that the District's DUI laws apply to bicyclists.  The case arose from the arrest of Baker Everton on January 12, 2007.  According to the police, Everton was "yelling and screaming, " "wobbling," and stunk of booze when confronted by officers.  Initially they gave him a warning, but after he refused and kept going, he nearly hit a small child who was in the crosswalk on Georgia Avenue near Otis Place, Northwest.  He then crashed to the ground.  When arrested and charged with DUI, his lawyers argued -- unsuccessfully - that bicycles are not "vehicles" under the District's 1925 traffic act. While this ruling seems to come as a surprise to many in the biking commmunity, it shouldn't.  In most states, bicycles are considered "vehicles" under their respective motor vehicles codes, which naturally subjets them to all laws governing traffic, including state DUI laws that prohibit operating a vehicle while impaired or otherwise under the influence of alcohol or drugs.  Apart from subjecting you to a possible DUI conviction, riding a bike while impaired is just plain stupid.  There are enough risks to cyclists out there without adding more.  Don't do it.

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