法律英语：05 Bicycle DUI

by Michael W. Flynn
 
First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed² to practice in your jurisdiction³. Further, I do not intend to create an attorney-client relationship with any listener.  
 
This past week, I received a legal question whose answer, not only did I not know, I probably should as an avid⁴ (if slightly incompetent) cyclist. Tyler from Michigan wrote:
 
I've heard that I can be cited for DUI and lose my driver's license¹ if I'm stopped by a police officer while riding a bicycle on a public street. Is this true?
 
Well, Tyler, it is generally not a good idea to operate any kind of mechanical transportation, motorized or not, while under the influence of alcohol. But, the short answer is that most states consider bikes and motorized vehicles differently for the purposes of DUI statutes⁶.
 
Statutes prohibiting the drunken operation of vehicles or motor vehicles have long existed throughout the country. At the same time, persons riding bicycles are generally held to be governed by the same rules as persons riding or driving any other type of vehicle. The combination of these two facts has on occasion forced the courts to consider whether a person operating a bicycle while under the influence of alcohol may be charged under a drunk-driving statute⁵.
 
Most drunk-driving statutes proscribe⁷ the operation of a “vehicle,” so the starting point for a court reviewing a DUI conviction is the definition of the word “vehicle.” Courts in Ohio, Florida, Oregon, Hawaii, and Colorado have interpreted “vehicle” to include both vehicles that are motorized and vehicles that are powered by humans. So, the courts affirmed the convictions of driving under the influence on the basis of operating a bicycle in those states. However, most states do not apply the penalties related to a driver’s license for a conviction based on operating a bicycle. Only the court in Hawaii upheld the 90-day suspension of the defendant’s driver’s license. The court noted⁸ that it was not necessary to obtain a driver’s license in order to ride a bicycle, and that suspending his driver’s license would not stop him from legally riding his bicycle. But, the court reasoned that the deterrent⁹ of suspending someone’s driver’s license would affect bike riders too, and upheld the conviction.
 
By contrast, courts in California and Illinois held that the DUI statutes did not apply to bicycles. The DUI statute only proscribed¹⁰ the operation of a “vehicle” under the influence, and the statutory definition of “vehicle” expressly exempted¹¹ bicycles and other modes of transportation powered by humans. However, both states, and most states, have separate statutes that prohibit riding a bicycle while intoxicated¹². Violating these bicycle-specific statutes carries a much lighter¹³ sentence, but is still illegal.
 
Last, there seems to be a split of authority in New Jersey¹⁴ on the issue. One appellate court decided¹⁵ that a drunk bike rider could be convicted under a DUI statute, while another court held the opposite. However, both courts agreed that the defendant’s driver’s license could not be revoked¹⁶ for operating a bicycle while drunk.
 
So, the quick and dirty tip is to enjoy alcohol responsibly. If you are intoxicated, do not drive, do not ride your bike, do not pass “Go” or collect $200. Walk home, hail a cab, or get a friend to pick you up.
 
Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful¹⁷ Life. Be sure to check out all the excellent Quick and Dirty Tips podcasts at QuickAndDirtyTips.com.

You can send questions and comments to........or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.
 
Legal Lad's theme music is "No Good Layabout" by Kevin MacLeod.
 

1 license   

n.执照，许可证，特许；v.许可，特许

参考例句：

• The foreign guest has a license on the person.这个外国客人随身携带执照。
• The driver was arrested for having false license plates on his car.司机由于使用假车牌而被捕。

2 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

3 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

4 avid   

adj.热心的；贪婪的；渴望的；劲头十足的

参考例句：

• He is rich,but he is still avid of more money.他很富有,但他还想贪图更多的钱。
• She was avid for praise from her coach.那女孩渴望得到教练的称赞。

5 statute   

n.成文法，法令，法规；章程，规则，条例

参考例句：

• Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
• The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。

6 statutes   

成文法( statute的名词复数 )； 法令； 法规； 章程

参考例句：

• The numerous existing statutes are complicated and poorly coordinated. 目前繁多的法令既十分复杂又缺乏快调。 来自英汉非文学 - 环境法 - 环境法
• Each agency is also restricted by the particular statutes governing its activities. 各个机构的行为也受具体法令限制。 来自英汉非文学 - 环境法 - 环境法

7 proscribe   

v.禁止；排斥；放逐，充军；剥夺公权

参考例句：

• They are proscribed by federal law from owning guns.根据联邦法律的规定，他们不准拥有枪支。
• The sale of narcotics is proscribed by law.法律禁止贩卖毒品。

8 noted   

adj.著名的，知名的

参考例句：

• The local hotel is noted for its good table.当地的那家酒店以餐食精美而著称。
• Jim is noted for arriving late for work.吉姆上班迟到出了名。

9 deterrent   

n.阻碍物，制止物；adj.威慑的，遏制的

参考例句：

• Large fines act as a deterrent to motorists.高额罚款是对开车的人的制约。
• I put a net over my strawberries as a deterrent to the birds.我在草莓上罩了网，免得鸟歇上去。

10 proscribed   

v.正式宣布（某事物）有危险或被禁止( proscribe的过去式和过去分词 )

参考例句：

• They are proscribed by federal law from owning guns. 根据联邦法律的规定，他们不准拥有枪支。 来自辞典例句
• In earlier days, the church proscribed dancing and cardplaying. 从前，教会禁止跳舞和玩牌。 来自辞典例句

11 exempted   

使免除[豁免]( exempt的过去式和过去分词 )

参考例句：

• His bad eyesight exempted him from military service. 他因视力不好而免服兵役。
• Her illness exempted her from the examination. 她因病而免试。

12 intoxicated   

喝醉的，极其兴奋的

参考例句：

• She was intoxicated with success. 她为成功所陶醉。
• They became deeply intoxicated and totally disoriented. 他们酩酊大醉，东南西北全然不辨。

13 lighter   

n.打火机，点火器；驳船；v.用驳船运送；light的比较级

参考例句：

• The portrait was touched up so as to make it lighter.这张画经过润色，色调明朗了一些。
• The lighter works off the car battery.引燃器利用汽车蓄电池打火。

14 jersey   

n.运动衫

参考例句：

• He wears a cotton jersey when he plays football.他穿运动衫踢足球。
• They were dressed alike in blue jersey and knickers.他们穿着一致，都是蓝色的运动衫和灯笼短裤。

15 decided   

adj.决定了的，坚决的；明显的，明确的

参考例句：

• This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
• There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。

16 revoked   

adj.[法]取消的v.撤销，取消，废除( revoke的过去式和过去分词 )

参考例句：

• It may be revoked if the check is later dishonoured. 以后如支票被拒绝支付，结算可以撤销。 来自辞典例句
• A will is revoked expressly. 遗嘱可以通过明示推翻。 来自辞典例句

17 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。