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Posted by Djbrown January 27, 2009 at 12:23 p.m.

Can bicyclists be convicted for "driving under the influence" of alcohol or drugs?

Q. Can a bicyclist be convicted for driving or riding under the influence of alcohol or drugs?A. Generally, the answer in Kansas is no. But bicyclists who mistakenly think it is safe to drink and ride must be careful and know the laws of the community in which they are riding.The Kansas laws governing driving under the influence of alcohol or drugs specifically require that one be driving “a vehicle.” The statute does not specify “motor vehicle,” leading to a possible conclusion that a bicycle would be a “vehicle.” Thus, the definition of “vehicle” is critical for application of the law. Kansas statutes define “vehicle” as “every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.” Bicycles are “moved by human power” and are therefore not “vehicles” under the state’s DUI laws. So, under state law, a bicyclist may not be convicted of driving under the influence.Most municipalities in the state, however, have adopted their own versions of the state traffic code. It is possible that some of those municipalities have amended the definition of “vehicle” to remove the phrase “moved by human power.” In those communities then, a bicycle would be a vehicle and the municipality’s DUI or OUI (operating under the influence) ordinances could govern. The City of Lawrence has adopted the Standard Traffic Ordinances for Kansas Cities which includes language similar to the state statutes relating to vehicles and driving under the influence. And, while the city has amended the standard ordinances in some ways, it appears it has not modified the definition of vehicle for driving under the influence purposes. So, while it is a very bad idea for personal safety reasons, it appears one may legally ride a bicycle while inebriated in Lawrence.I should point out that despite these technicalities, it is possible a law enforcement officer might still issue a ticket for riding a bicycle while drunk. Anyone receiving such a ticket, or more concerned about these questions, should contact an attorney experienced in the applicable laws for assistance. And, if there is any doubt, no one should ride a bicycle while under the influence of alcohol or drugs. That is the law of common sense.I hope this was helpful.David J. Brown, Managing AttorneyThe Law Offices of David J. Brown, LC1040 New Hampshire, Suite 14Lawrence, Kansas 66044 785-842-0777 Because every legal situation is different, no response or comment in this blog can be considered legal advice to any one person, even the person who posed the original question that prompted a discussion because the answers will be generalized to provide basic information for all readers. Anyone with a real or potential legal problem should seek the advice of a practicing attorney who is educated and experienced in the area of law in question. Use of this blog does not create an attorney-client relationship between the reader and The Law Offices of David J. Brown, LC.