“Can you get a DUI if you are riding a bicycle?”

Bicyclists often ask whether they can be convicted of Driving Under the Influence of Alcohol while riding their bikes. To find out, we have to look at several sections of the Illinois Vehicle Code.

The Illinois DUI statute prohibits driving, “or be[ing] in actual physical control of any vehicle within this State while… under the influence of alcohol.” 625 ILCS 5/11-501. The next question, then, is what is a vehicle?

The Illinois Vehicle Code defines a 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(625 ILCS 5/1-217).” The Code defines a Bicycle as “every device propelled by human power upon which any person may ride, having two tandem wheels except scooters and similar devices.” 625 ILCS 5/1-106. So there you have it. The Vehicle Code specifically excludes human propelled devices from the definition of vehicle, and bicycles are human propelled. If only that were the end of the story.

What complicates matters is that another section of the code says that traffic laws apply to people who are riding bicycles. In applicable part, section 5/11-1502 says “Every person riding a bicycle upon a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Code….” However, the Illinois Second District, which does not encompass Chicago, held that this section does not give adequate notice to bicyclists, and therefore the DUI statute does not apply to bicyclists. People v. Schaefer, 654 N.E.2d 267 (Ill. App. Ct. 1995). Schaefer was cited favorably by the Illinois Supreme Court in People v. Masterson, 798 NE 2d 735(Ill. 2003), and we at LauraLaw don’t know of any contrary case law in Illinois. In sum, there does not appear to be any legal precedent in Illinois to sustain a conviction for riding a bicycle while under the influence.

Even if section 5/11-1502 did incorporate the DUI statute, it only applies to bicyclists riding on highways. A highway is defined as, “The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or located on public school property.” 625 ILCS 5/11-1502. A sidewalk is defined as “That portion of a street between curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.” 626 ILCS 5/1-188. The distinction between sidewalks and highways is important, since no part of the code subjects bicyclists on the sidewalk to the same rights and duties as drivers of other vehicles.

All that being said, it is still not advisable to ride your bike drunk, even if you do so on the sidewalk. Biking while drunk can subject one to a charge of Reckless Conduct(720 ILCS 5/12-5), Disorderly Conduct(720 ILCS 5/26-1), as well as municipal violations which have nothing to do with Driving Under the Influence. Park Ridge, which is where our office is located, prohibits biking on sidewalks in certain areas of downtown(Park Ridge Muni. Code 13-4-4).

If you have any questions regarding the DUI laws in Illinois, or if you have been charged with Driving Under the Influence, contact us at LauraLaw.