Cycling Legalese - Cycling and Drinking: Just How Much Trouble Can You Find Yourself In?

I am very proud that The Chicago Bicycle Advocate and Urban Velo have teamed up to create a new column, Cycling Legalese. The column will appear twice monthly on the Urban Velo website.  In it I will be answering readers' questions about cycling and the law. Below is the latest edition. 

Q:I love fueling my rides through the city with beer and Malört, but I’m wondering; could I get in trouble for biking under the influence?

The degree to which you can find yourself in legal trouble for cycling while intoxicated varies depending on where you are. In some places, bicyclists cannot be charged under a particular state’s DUI law. In Illinois, for example, the appellate court decided in 1995 that the state’s DUI statute only applies to a “vehicle.” Under the Illinois Motor Vehicle Code a bicycle is not considered a vehicle. Therefore, cyclists may not be charged under that particular law. The same is true in New York and several other states. However, if you are drunk and acting a fool. . .

Continue reading.

Trial Of Chicago Cop Accused Of Killing 13 Year Old Bicyclist Starts This Week

Trial is scheduled to get underway this week against a Chicago police officer charged with aggravated DUI and reckless homicide arising from the death of a 13 year old who was riding his bicycle at 81st Street and Ashland Avenue in May, 2009.  The boy, Trenton Booker, was riding with a friend when Richard Bolling, who was off-duty at the time, allegedly struck him with his car then kept going, according to the Chicago Tribune.  Witnesses estimated that Bolling had been traveling at about 60 mph in a 30 mph zone.  The impact threw the young boy into the air and under a parked car.

It is alleged that when his fellow officers caught up with him there was a less than vigorous effort to gather evidence.  Allegedly, he was not given a Breathalyzer until 4 1/2 hours after the crash after pressure was placed by police Internal Affairs.  At that time he registered 0.079 percent, just under the legal limit, according to the Trib.

Time Out On Drinking and Bicycling

The article below, written by John Greenfield, appears in the current edition of Time Out Chicago.  

(I do like to call myself the "Chicago Bicycle Advocate," especially when I'm alone, but my friends call me Mr. Chicago Bicycle Advocate;-)

When I ride my bicycle home from a bar drunk, am I breaking the law? 

By John Greenfield

Photo: Andrew Nawrocki

Q When I ride my bicycle home from a bar drunk, am I breaking the law? Does it fall under the same blood-alcohol-content DUI regulations as operating a motor vehicle? —Easy Rider, Logan Square
A Crocked Chicago cyclists can’t be charged with a DUI, says Brendan Kevenides, a lawyer who specializes in bike cases and calls himself the Chicago Bicycle Advocate. In 1995, the Illinois Appellate Court decided this issue in People v. Schaefer, upholding the dismissal of criminal charges against a drunk bicyclist. Since state law doesn’t define a bike as a “vehicle,” the court found that Illinois’s DUI statute did not give cyclists fair warning they could face harsh penalties for pickled pedaling. Kevenides notes that cyclists can be charged with public drunkenness or disorderly conduct, but the penalties for such offenses are substantially less than those for a DUI. Even so, Active Transportation Alliance’s Margo O’Hara says it’s “dangerous and irresponsible” to spin while sauced. But Mark Cuneo, a manager at the bike-centric Handlebar Bar & Grill, recommends one reason to choose two wheels over four for a night of carousing. “Instead of driving home drunk or leaving your car overnight, you can always throw your bike in the trunk of a cab.”