riding a bike whilst drunk

[mollykins]

it's a long story, but in maths we were all (all 6 of us including the teacher) wondering if you could be arrested for being over a limit of alchol in your blood if you were on a pedal bike, and if so what would they arrest you for, or would it just be a fine?

[ChuckFickens]

Yes, it's the same as they do if you are caught driving a car drunk. drunk in charge of a vehicle.

[mollykins]

also would you only be fined/ arrested if you were riding it dangerously etc, rather than with a car when you can be stopped randomly even if you're driving ok but have a breath test which leads to you getting arrested/ fined . . .

[ChuckFickens]

OH and you can be banned from driving for it too, they ban stays dormant until you get a license and then comes straight into effect.

[mollykins]

Is the penalty worse for a car though, seeing as they tend to be more dangerous if you're driving it . . . ?

[EcclesCake]

Yes you can (and I know someone who was). I think the charge is 'drunk in charge of a bicycle'.....

[mollykins]

banned from driving a car, for being drunk on a bike, even if you have no licence?!

[jd_1984]

It is an offence - If you have the time and inclination to scroll through the various licensing and Inebriates Acts, you would find the legislation.

[ChuckFickens]

The relevent laws are...

Driving or attempting to drive a vehicle while over the prescribed limit or whilst unfit through drink or drugs.

Being in charge of a vehicle while over the prescribed limit.

Both say vehicle, not car and in the eyes of the law a bike is a vehicle so the offence is exactly the same.

[ChuckFickens]

No.

But you don't get points on a license if you get caught driving a car drunk either, you get disqualified. which you would also be if caught riding a bike drunk, and as I said earlier if you don't have a license then the ban will just wait until you do get one and come into effect straight away.

[ABerrant]

Section 30 of the Road Traffic Act 1988 (as amended) provides the offence of cycling on a road or public place whilst under the influence of drink or drugs.

This is entirely seperate to "drunk in charge" of a motor vehicle etc. (Section 5 RTA 1988). A bicycle is not a motor vehicle therefore no points or endorsements may be given for cycling while intoxicated.

[New Judge]

Road Traffic Act 1988, Section 30 (1):

A person who, when riding a cycle on a road or other public place, is unfit to ride through drink or drugs (that is to say, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the cycle) is guilty of an offence.

However, there is no power to require a breath test to prove that a rider is unfit (although if one was requested and voluntarily provided the results could be offered – and would probably be allowed – as evidence). Otherwise some other evidence demonstrating the rider’s incapability would have to be provided.

One can also be charged with being drunk in charge of a child or a horse.

[Zeuhl]

Would it be different with an invalid scooter - i would assume they are classed as a motor vehicle?