CUI/CWi?

"223rem" <[email hidden]> wrote in message
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Quoted message said:

Is there such an offense as cycling under the influence?

After you've had a few beers driving is out, but you can still get around on your bike,
fortunately. But is there any law against that?

Thanks

Depends where you are. I'm pretty certain that in Ontario you can be treated the same as if you were
driving a car. There is probably greater leeway given I suspect though.

Cheers,

Scott..

In California it is illegal and in my town the police have been known to specifically target
cyclists for it. I know of one labor day they set up on a bridge that was closed to cars and pulled
over all cyclists without lights, they issued several DUIs.

"S. Anderson" <[email hidden]> wrote in message
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Quoted message said:

"223rem" <[email hidden]> wrote in message
"]news:[email hidden]...

Quoted message said:

Is there such an offense as cycling under the influence?

After you've had a few beers driving is out, but you can still get around on your bike,
fortunately. But is there any law against that?

Thanks

Depends where you are. I'm pretty certain that in Ontario you can be treated the same as if you
were driving a car. There is probably greater leeway given I suspect though.

Cheers,

Scott..

"223rem" <[email hidden]> wrote in message
"]news:[email hidden]...

Quoted message said:

Is there such an offense as cycling under the influence?

After you've had a few beers driving is out, but you can still get around on your bike,
fortunately. But is there any law against that?

Thanks

In Louisiana you can get a DUI on a bicycle, boat or a HORSE. In the case of the horse, it was
thrown out in court because the horse has a mind of it's own or something like that. The guy had a
good lawer. There was another case where the guy did not have a lawer and had prior DUI's and he got
jail time.

223rem said:

Is there such an offense as cycling under the influence?

In my parts, they call it OUI, or operating on the influence, I don't know if that would include a
non-motorised vehicle. There are other laws that govern simply being drunk in public, bicycle or
no bicycle.

Barry

"223rem" wrote ...

Quoted message said:

Is there such an offense as cycling under the influence?

After you've had a few beers driving is out, but you can still get around on your bike,
fortunately. But is there any law against that?

Thanks

In my corner of Colorado a few people have been charged with cycling under the influence. In one
case a policeman tried to stop a cyclist riding without lights at night and the cyclist tried to get
away. Unfortunately, he was too drunk to keep his bike upright...
--
mark

S. Anderson said:

Depends where you are. I'm pretty certain that in Ontario you can be treated the same as if you
were driving a car. There is probably greater

I was curious about that, and after a little hunting, I found that there is no legal limit to the
blood concentration of alcohol for a cyclist in ON, QC and BC. (This doesn't mean that you can ride
while drunk -- reckless cycling is always illegal. But if you can safely ride at 0.08, nobody can
stop you.)

For those who are interested in these things, DUI is a criminal offense per section 253 of the
criminal code:

253. Every one commits an offence who operates a motor vehicle or vessel or operates or assists
in the operation of an aircraft or of railway equipment or has the care or control of a
motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is
impaired by alcohol or a drug; or

(b) having consumed alcohol in such a quantity that the concentration in the person's blood
exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

Subsection 254(2) grants a peace officer the right to ask for a blood sample; it too only applies to
motor vehicles and the like.

In Ontario, DUI is also a traffic infraction per section 48.3:

48.3 (1) Where a police officer is satisfied that a person driving or having the care, charge or
control of a motor vehicle meets one of the criteria set out in subsection (3), the
officer shall notify the Registrar of that fact, or cause the Registrar to be so
notified, in the form and manner and within the time prescribed by the regulations.

(49) Upon being notified under subsection (1), the Registrar shall suspend a person's driver's
licence for a period of ninety days.

[...]

Again, subsection 48(1) grants a police officer the right to ask for a breath sample, and it too
applies only to a motor vehicle.

--
Frederic Briere <*> [email hidden]

=> <[email hidden]> IS NO MORE: <http://www.abacomsucks.com> <=

"Frederic Briere" <[email hidden]> wrote in message
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Quoted message said:

I was curious about that, and after a little hunting, I found that there is no legal limit to the
blood concentration of alcohol for a cyclist in ON, QC and BC. (This doesn't mean that you can
ride while drunk -- reckless cycling is always illegal. But if you can safely ride at 0.08, nobody
can stop you.)

Yes, I think you're right. Anything other than "muscular powered" vehicles are considered motor
vechicles. So you could probably get away without the DUI when riding. Not that this is an
adviseable thing of course! ;-)

Cheers,

Scott..

Tom Keats said:

Just to throw some confusion into the oleo, in BC bicycles are not _vehicles_, but entail the same
rights & responsibilities.

Yeah, you sometimes have to wonder about the logic behind this.

Quoted message said:

So maybe that can be interpreted as cyclists having the same responsibility as operators of
"vehicles" to not be impaired.

Except that it's operators of *motor* vehicles who are bound by this (section 224).

Quoted message said:

bell, helmet, and sober wits. I endeavour to not give the cops the opportunity to hassle me. I
confess to indulging in

I've made it a point to know exactly what my rights and duties are as a cyclist, and I try to adhere
to them as much as I can. (The hug-the-curb requirement is my main grief; I choose to pretend it
simply doesn't exist, and behave like a slow vehicle when appropriate instead.)

However, when it comes to cycling, the letter of the law and the spirit of the law sometimes
diverge, due to technicalities. (For example, from what I've read so far, speed limits don't apply
in BC. And in QC, it's not a traffic violation to flee from an accident.) I find it fun to try and
find those loopholes. 🙂

--
Frederic Briere <*> [email hidden]

=> <[email hidden]> IS NO MORE: <http://www.abacomsucks.com> <=

223rem <[email hidden]> wrote in message
news:<[email hidden]>...

Quoted message said:

Is there such an offense as cycling under the influence?

After you've had a few beers driving is out, but you can still get around on your bike,
fortunately. But is there any law against that?

Thanks

I know that public intoxication is not legal. Perhaps you could get a ticket (or arrested)
under that law.

Andy

In article <[email hidden]>, [email hidden] says...

Quoted message said:

223rem <[email hidden]> wrote in message
news:<[email hidden]>...

Quoted message said:

Is there such an offense as cycling under the influence?

After you've had a few beers driving is out, but you can still get around on your bike,
fortunately. But is there any law against that?

Thanks

I know that public intoxication is not legal. Perhaps you could get a ticket (or arrested) under
that law.

I believe that (in most jurisdictions anyway) a "public intoxication" charge usually requires you to
be acting "intoxicated" (by whatever definition the local cops use). If you can walk and ride
reasonably steady, I doubt they could get you on that charge.

--
Dave Kerber Fight spam: remove the ns_ from the return address before replying!

REAL programmers write self-modifying code.

In article said:

Is there such an offense as cycling under the influence?

After you've had a few beers driving is out, but you can still get around on your bike,
fortunately. But is there any law against that?

I don't know, but I do know that I couldn't be charged while riding a UNIcycle. After a couple
beers, I just can't ride it at all.

--
--
LITTLE KNOWN FACT: Did you know that 81% of North Americans cannot taste the difference between
fried dog and fried cat?

A couple of years ago about 1:30 in the morning i came up on a drunk on a riding lawn mower who was
being followed by the village police. The drunk swerved, hit the curb and fell off the mower. I had
to stop and get off my bike i was laughing so hard. The cop, who was laughing just about as hard as
i was, said he was going to charge the guy with a DUI. If a guy on a mower could get charged with
DUI I don't see why a cyclist couldn't.

223rem said:

Is there such an offense as cycling under the influence?

After you've had a few beers driving is out, but you can still get around on your bike,
fortunately. But is there any law against that?

Thanks

In article <[email hidden]>, [email hidden] says...

Quoted message said:

A couple of years ago about 1:30 in the morning i came up on a drunk on a riding lawn mower who
was being followed by the village police. The drunk swerved, hit the curb and fell off the mower.
I had to stop and get off my bike i was laughing so hard. The cop, who was laughing just about as
hard as i was, said he was going to charge the guy with a DUI. If a guy on a mower could get
charged with DUI I don't see why a cyclist couldn't.

Because the mower had a mechanical motor, and therefore was a "motor vehicle". In RI, if the motor
is more the 5HP it's generally a motor vehicle.

--
Dave Kerber Fight spam: remove the ns_ from the return address before replying!

REAL programmers write self-modifying code.