Biking and Drinking in New Jersey: Can I get a DWI on my Bicycle in New Jersey?

Here at the Law Office of Eric M. Mark, we frequently get asked the question, “Can I get a DWI on my bicycle in New Jersey?” The short answer is: “No, you can’t get a DWI on your bicycle in New Jersey.” Here’s the long answer:

First off, let’s clarify what we mean by bicycle. In New Jersey, pursuant to NJ Rev Stat § 39:4-14.5 (2016), a bicycle is defined as “any two-wheeled vehicle having a rear drive wheel which is solely human-powered and having a seat height of 25 inches or greater when the seat is in the lowest adjustable position.”[1]

In New Jersey, a bicycle is considered a two-wheeled vehicle but is not considered a motor vehicle under New Jersey’s DWI statute. New Jersey’s DWI statute defines a motor vehicle as including “all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles.”[2] In State v. MacHuzak, the Superior Court of New Jersey found that defendant could not be convicted of operating a motor vehicle under the influence of alcohol for operating a non-motorized, pedal-type bicycle while intoxicated.[3] The court reasoned that New Jersey’s prohibition against driving under the influence, N.J.S.A. 39:4-50, specifically and unambiguously applies to motorized vehicles only and that a non-motorized, pedal-type bicycle can’t be categorized as a motorized vehicle.[4]

Also, just because you can’t get a DWI in New Jersey for riding a bike while intoxicated does not mean that there are no legal consequences for riding a bike while intoxicated in New Jersey. Some of the legal consequences that may result if you are found riding a bike while intoxicated include but are not limited to disorderly conduct and public intoxication. Also, while biking in New Jersey, the law states that a bicyclist must obey all state and local automobile driving laws—for example, obeying all traffic signals. If you do not obey these laws, you can receive a traffic citation/legal consequence.

It is important you understand that just because it is not against the law in New Jersey to operate a bicycle while intoxicated does not mean that it is safe. The National Highway Traffic Safety Administration’s 2015 Traffic Safety Report about pedacyclists (for the purposes of this 2015 Traffic Safety Report, pedacyclists are “bicyclists and other cyclists including riders of two- wheel, nonmotorized vehicles, tricycles, and unicycles powered solely by pedals”[5]) found that:

• “Alcohol involvement (BAC of .01 g/dL or higher) – either for a motor vehicle driver involved in a fatal pedalcyclist crash and/ or the fatally injured pedalcyclist – was reported in 37 percent of the traffic crashes that resulted in pedalcyclist fatalities in 2015.”[6]
• “In 31 percent of the crashes, either the driver or the pedalcyclist (or both) was reported to have a BAC of .08 g/dL or higher.”[7]

According to the Center for Disease Control, “Bicycle trips account for only 1% of all trips in the United States. However, bicyclists face a higher risk of crash related injury and deaths than occupants in motor vehicles.”[8] One of the major risk factors contributing to bicyclist deaths and crash-related injuries is alcohol involvement.[9] As such, if you’ve been drinking, then it is not safe to ride your bike.

Also, be aware that while you can’t get a DWI on a bicycle in New Jersey there are some states where you can get a DWI on a bicycle.

A DWI conviction can potentially have significant and lifelong repercussions. Moreover, even a conviction for lesser-related offenses such as disorderly conduct, public intoxication, and a wide range of traffic-related offenses can have surprisingly significant and serious consequences in many situations. If you’ve been charged with a DWI or any alcohol-related or traffic-related offense in New Jersey, you need a knowledgeable and experienced criminal defense attorney/DWI & traffic defense attorney. The stakes are too high to go at it alone.

At the Law Office of Eric M. Mark, criminal defense attorney Eric M. Mark and his experienced legal team can zealously advocate on your behalf, helping you safeguard your rights and formulate good legal defenses to any charges and may be able to help you in obtaining a dismissal or charge reduction.

To schedule your free consultation with a criminal defense lawyer/DWI & traffic defense lawyer at the Law Office of Eric M. Mark in Jersey City, NJ and Newark, NJ, call 973-453-2009 or reach out to us online here.

[1] https://law.justia.com/codes/new-jersey/2016/title-39/section-39-4-14.5/

[2] https://law.justia.com/codes/new-jersey/2013/title-39/section-39-1-1/

[3] https://law.justia.com/cases/new-jersey/appellate-division-published/1988/227-n-j-super-279-0.html

[4] https://law.justia.com/cases/new-jersey/appellate-division-published/1988/227-n-j-super-279-0.html

[5] National Highway Traffic Safety Administration. Traffic Safety Facts, 2015 data – bicyclists and other cyclists. Washington, DC: US Department of Transportation; 2017. (Publication no. DOT HS 812 382)

[6] National Highway Traffic Safety Administration. Traffic Safety Facts, 2015 data – bicyclists and other cyclists. Washington, DC: US Department of Transportation; 2017. (Publication no. DOT HS 812 382).

[7] National Highway Traffic Safety Administration. Traffic Safety Facts, 2015 data – bicyclists and other cyclists. Washington, DC: US Department of Transportation; 2017. (Publication no. DOT HS 812 382).

[8] https://www.cdc.gov/motorvehiclesafety/bicycle/index.html

[9] https://www.cdc.gov/motorvehiclesafety/bicycle/index.html