In Illinois, bicyclists are expected to adhere to the same laws and rules of the road as motorists. So does that mean DUI laws are applicable as well?
According to the state’s DUI statute, it is illegal to drive or be in actual physical control of any vehicle while under the influence of alcohol. Illinois law 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 or requiring a certificate of title, except devices moved by human power.
Since bicycles are moved by human power, you cannot be charged with a DUI via biking. However, if your bike is motorized and you’re traveling at speeds above 20 mph, then your bike is considered a vehicle and you can be charged with a DUI.
With all that being said, it is still not advisable to bike while intoxicated, even if you are doing so on the sidewalk. Biking while drunk can still result in other criminal charges, such as reckless conduct or disorderly conduct. So the next time you consider biking after having a few drinks, maybe you should consider calling a cab, requesting a ride from Uber or Lyft, or walking your bike home instead.
If you have been arrested for a DUI in Illinois, contact our Chicago criminal defense attorney at the Law Office of Steven Fine and request a free consultation today. Get 20+ years of legal experience on your side!