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This is a Hungarian blog about scenes, where people lost direction...
Judge upholds DUI for drunk bicycler
By Jesse Fruhwirth, December 30, 2009News
A recent ruling by a Vernal judge that Utah’s nebulous driving under the influence law applies to bicyclists has some attorneys and cyclists perplexed.
Some suggest that if the DUI law applies to bikes, then perhaps cyclists could be arrested for DUI while just walking their bikes, just as drivers are arrested for DUI while just sitting inside a stationary automobile.
Following the court’s logic in the drunken-biking case, some suggest even tennis shoes or high heels could be construed as a “vehicle” and thus walking drunk in them could garner a DUI. The confusion may be cleared up, however, as the drunken-cyclist defendant plans to appeal his case to the Utah Supreme Court.
The debate arises from a Dec. 14 ruling by 8th District Judge A. Lynn Payne in a case against a Nevada man, Keith Solmo, who was arrested for DUI after biking away from a Vernal bar in June 2008. City Weekly wrote about the case earlier this year [see “Wheels of Justice,” April 1].
Solmo’s defense attorney, Dave Rosenbloom, argued that Utah’s DUI law has been haphazardly amended over the past 20 years, leaving it unclear whether bikes are really a “vehicle” as defined in the statute. That’s crucial because, unlike motor boats and off-highway vehicles, bicycles are not listed explicitly. The law defines “vehicle” as “a device in, on, or by which a person or property is or may be transported or drawn on a highway.”
Full article: https://www.cityweekly.net/utah/utah-drunk-biking-laws/Content?oid=2142691
Drunk guy tries to ride bike
"Drinking in Thailand is almost a sure thing while travelling and living here. Some of you might be wondering if it is legal to ride a bicycle while being drunk in Thailand? Well, the answer is yes as of now but unfortunately, in the near future, you can’t do this anymore as Thailand’s lawmakers will soon enforce a law to fine drunk cyclists 500 baht, under a new traffic bill which passed the first reading of the National Legislative Assembly this week."
Full article: https://www.bangkokexpatlife.com/2019/04/is-it-illegal-to-ride-a-bicycle-drunk-in-thailand/
Can you be prosecuted for riding a bicycle drunk?
by Audrey Wixon
Q: Sometimes my mate drives his car to the pub with his bike in the back, then cycles home after drinking four or five pints. Can you be prosecuted for riding a bike while drunk and could the penalty affect your driving licence?
a drunk cyclist A: It is illegal to ride a bicycle on a road or other public place while unfit through alcohol or drugs, ie so wasted that you don’t have proper control of the bike. It is also an offence to be drunk in charge of a bicycle, so your friend shouldn’t even be pushing his bike while drunk.
The punishment for these offences would be a fine – your driving licence cannot be affected by any matter related to cycling because riding a bicycle doesn’t require a licence. A police officer would most likely conduct a roadside sobriety test and if he felt the cyclist was a danger to himself or others he might arrest him and let him sleep it off in a police cell. Otherwise, the cyclist would be cautioned or face a fine.
However, if alcohol causes a cyclist to ride in a dangerous fashion, he could be charged with ‘furious cycling’ for which you can face imprisonment. Cycling after drinking is not a good idea because alcohol impairs balance, reaction times and judgment. For the sake of a taxi fare, your friend is putting himself and other road users in danger. You should talk to him about this.
Alcohol and cycling
The legal limit of alcohol in the blood whilst driving was reduced in Scotland from the beginning of December, prompting me to seek clarification regarding cycling and alcohol. What does the law say?
by Richard Frew
The best advice is not to drink alcohol if you intend to cycle. Alcohol consumption affects reaction times, causes disinhibition and also an ability to properly manage, steer and control a bicycle. Research conducted for the Transport Research Laboratory in 2009, entitled ‘Collisions Involving Pedal Cyclists on Britain’s Roads: Establishing the Causes’, revealed that intoxicated cyclists appear to be 10 times more at risk of injury than sober cyclists.
If you have had a drink, then there is a good chance that you will be committing a criminal offence by riding your bike. The charge would be for ‘cycling under the influence of drink or drugs’, and you would be guilty of this offence if you were unfit to ride through drink or drugs – that is to say, under the influence of drink or a drug to such an extent as to be incapable of having proper control of the cycle. You can commit this offence when cycling on footpaths, as well as on roads.
Perhaps surprisingly, a police officer has no power to require you to provide a breath, blood or urine sample. They are allowed to ask you, but if you refuse, and are subsequently charged with cycling under the influence, the Crown Prosecution Service would not be allowed to rely on your refusal as evidence.
Without any kind of sample, you may wonder what evidence could be used against you at the Magistrates’ Court. This would likely be the police officer’s own testimony as to why they thought you were under the influence, e.g. you were slurring your words; you were cycling erratically; they could smell alcohol on your breath. If you were cycling erratically then there may also be CCTV evidence of this.
Even if the magistrates were not convinced that you were cycling under the influence of drink or drugs, if you were cycling in a dangerous, careless or inconsiderate way, then you run the risk of being convicted under one of these separate offences.
The maximum penalty for cycling under the influence of drink or drugs is a £1,000 fine, and this is also the case for the offence of careless or inconsiderate cycling. The maximum penalty for dangerous cycling is a £2,500 fine.
None of the offences mentioned in this answer allow for penalty points to be added to your driving licence, should you have one. - Paul Kitson
This was first published in the April / May 2015 edition of Cycling UK's Cycle magazine
What are the rules on drinking and biking?
By Debra BlackStaff Reporter
Thu., June 10, 2010
"Commuting on a bicycle is becoming increasingly popular across the GTA.
Every morning thousands of bicyclists make their way across city streets, heading to and from work. And increasingly bikes are being used as a form of transportation to get to parties, to visit friends, go to clubs or hit bars.
But what are the rules when it comes to drinking and biking? Is it legal to drink and bike? Can you be charged? With what? Can you get demerit points? Have your license taken away? Be fined?
The Star asked Const. Hugh Smith of Toronto Police Traffic Services for the all the dirt on drinking and biking. The answers may surprise you."
For more: https://www.thestar.com/news/gta/2010/06/10/what_are_the_rules_on_drinking_and_biking.html
By Veronika Gulyas - Jul 21, 2014
In a country with zero tolerance for driving under the influence, a Hungarian government decree that allows cyclists to drink and ride on major roads came as a surprise over the weekend.
Hungary, which fines drunk drivers heavily, takes away licenses, bans them from driving and locks them up in jail if they’ve caused an accident, since Saturday allows cycling regardless of the level of intoxication provided that cyclists are capable of steering.
Full article: https://blogs.wsj.com/emergingeurope/2014/07/21/hungary-allows-drunk-cycling/
Lords of the Drinks / July 24, 2014
Great news from Hungary, as since last weekend it’s no longer a crime to ride a bicycle drunk. The Central European country had a zero tolerance policy for driving under influence on major roads, no matter what vehicle it was. With a blood alcohol content (BAC) of 0,05 (0,5 by European standards) or more one would get a fine of 30.000 forints (almost 100 euro) before. But since last Saturday everything changed in Hungary. Cyclists can now be as drunk as they want on all roads. The decision to make a modification to the 2012 traffic regulations came as a complete surprise. The news was simply published in the official gazette of the government with the signature of Prime Minister Viktor Orban. The simple logic behind the new law: “Drunk cyclists can only hurt themselves, not others like drivers of motor vehicles.”
Full article: https://lordsofthedrinks.com/2014/07/24/cyclists-in-hungary-can-now-ride-everywhere-as-drunk-as-they-want/