Ride Bike Drunk, Go to Jail (in D.C.)
April 22, 2010Everton v. District of Columbia, decided today by the D.C. Court of Appeals, confronts “an issue of first impression” in the District, even though the relevant statute “has been in place since the 1920s.” The issue: can you get drunk off your ass and then ride around town on your bike?
The answer: nope. Apparently, a D.C. fellow had a bit too much fun one night, caused a commotion on the street, and then tried to run away from police on his bike. He succeeded only in almost running over a small child and then falling over. The court found Mr. Life-of-the-Party could be convicted of a DUI, while engaging in a somewhat disingenuous discussion about the public safety dangers of drunken biking along the way.
The court found that the definition of “vehicle” in the DUI statute should be broadly read, and that a bike is a vehicle because it is an “appliance” mounted on two wheels that can “move over a ‘highway.’” My big take-away question: will folks in wheelchairs be able to get their drink on anymore?
-Michael
Susan Simpson
Michael Williams
I vaguely recall that in Virginia, a bike is treated as a motor vehicle on roads where motor vehicles travel, but may be treated as a non-motor-vehicle elsewhere. The same context-sensitivity may be true in DC.
where I come from, even wheelchairs and horses fall under the DUI law — but being caught is the difficult part, since such drivers usually aren’t stopped for testing unless something looks seriously awry. Anyway, as the victim of a serious drunken bicycle accident (OK, I was the rider) I say it’s perfectly all right for this to be illegal.