Drinking and driving is clearly illegal. But what about drinking and biking? If you’ve ever asked, “can you get a DUI on a bike in NJ?”, you’re not alone. Many people assume that hopping on a bicycle instead of getting behind the wheel is a safer, legal alternative after having a few drinks. However, the law in New Jersey is more complex than it seems.
In this article, we’ll explain everything you need to know about DUIs and biking in New Jersey. We’ll cover how the law defines DUI, whether bicycles count as “vehicles,” possible penalties, and what other charges you could face if you’re caught riding drunk. Let’s break it down in simple terms so you know exactly where you stand.
What Does DUI Mean in New Jersey?
Before diving into the bicycle question, it’s important to understand what DUI (Driving Under the Influence) means in New Jersey. Under N.J.S.A. 39:4-50, a person can be found guilty of DUI if they operate a motor vehicle while:
- Under the influence of alcohol, narcotics, or hallucinogenic drugs, or
- Having a blood alcohol concentration (BAC) of 0.08% or higher
Penalties for DUI vary based on your BAC level, past offenses, and whether anyone was hurt. They can include:
- Fines
- Loss of license
- Jail time
- Mandatory alcohol education programs
- Installation of an ignition interlock device
Clearly, DUI laws are tough—and for good reason. Drunk driving leads to thousands of accidents and deaths each year. But does this same law apply when you’re on a bicycle?
Can You Get a DUI on a Bike in NJ?
So let’s go back to the main question: Can you get a DUI on a bike in NJ?
The short answer is: No, you usually can’t get a traditional DUI on a bicycle in New Jersey.
Here’s why:
New Jersey law defines a motor vehicle as any vehicle that is not powered by muscular power. In simple terms, this means cars, motorcycles, trucks, and similar vehicles. But bicycles? They’re powered by your legs, so they don’t fall under this definition.
So if you’re riding a pedal bicycle while drunk, you generally can’t be charged with DUI—at least not under the same law that applies to drunk driving in a car.
Confusing Court Rulings on Bike DUI in NJ
Even though the law seems clear, New Jersey courts have given mixed opinions on the issue of biking under the influence.
Case 1: State v. Tehan (1982)
In this case, the court ruled that bicyclists have the same responsibilities as drivers, and should not ride while drunk. The court treated the bicycle as a vehicle and said the DUI law applied.
Case 2: State v. Johnson (1985)
Just a few years later, another New Jersey court reversed a bicycle DUI conviction, saying the law clearly referred to motor vehicles, and bicycles did not qualify. The court stated that unless lawmakers clearly included bicycles in the statute, DUI couldn’t apply.
Case 3: State v. Machuzak (1988)
In this case, the court agreed with the Johnson decision, saying that the DUI law “specifically and unambiguously applies to motorized vehicles only.”
So, what does this mean for you?
It means that while you’re not likely to be convicted of a DUI for riding a regular bike while drunk, the courtroom outcome may depend on the judge, the situation, and which legal precedent is followed.
Does a DUI on a Bike Still Show Up on a Record?
Technically, if you’re charged with DUI while on a bike, that charge may still show up on your record—at least temporarily—until it’s resolved or dismissed. While most DUI-on-bike cases don’t hold up in court, they still require time, legal help, and court appearances.
Even worse, police may file other charges, like disorderly conduct or resisting arrest, which can absolutely show up on your criminal background checks.
This is why it’s always wise to speak with a qualified New Jersey criminal defense attorney if you’re ever charged with anything related to biking while intoxicated.
If Not DUI, Then What Charges Can You Face?
So, if you can’t get a real DUI on a bike in NJ, does that mean you’re free to ride drunk? Not exactly.
While you probably won’t be charged with DUI, you can still be arrested and charged with other offenses, especially if your actions are dangerous or disturbing.
Here are a few possible charges:
Disorderly Conduct (N.J.S. 2C:33-2)
If you’re riding erratically, yelling, stumbling, or creating a public disturbance, you can be charged with disorderly conduct. This is a common charge for people acting out in public while intoxicated.
Penalties may include:
- Up to 6 months in jail
- Up to $1,000 in fines
- A permanent record of a criminal offense
Obstruction (N.J.S. 2C:29-1)
This charge applies if you try to avoid police or prevent them from doing their job—such as by refusing to stop when asked.
Resisting Arrest (N.J.S. 2C:29-2)
If police try to arrest you and you argue, run, or refuse to cooperate, you can face this charge—even if the original reason for stopping you was minor.
All of these are disorderly or petty disorderly persons offenses. They may seem minor, but they can still affect your life by showing up on job applications or background checks.
What If You Injure Someone While Drunk Biking?
This is where things can get more serious.
If your intoxicated behavior while riding a bike causes an accident or injury to someone else, you could face more severe charges. In rare cases, a DUI charge might even be filed—and while it may not stick, it still creates legal complications.
For example:
- Causing injury while intoxicated could lead to assault or reckless endangerment charges.
- Causing damage to property could lead to civil lawsuits in addition to criminal charges.
Whether or not you’re on a bicycle, if your drinking leads to harm, the legal system takes it seriously.
What Should You Do If You’re Charged?
If you’re charged with a DUI on a bicycle—or any related offense—it’s important not to panic. Remember, these charges don’t always hold up in court, especially if the case involves a non-motorized bike.
Still, you should take it seriously. The best step you can take is to:
- Hire a qualified New Jersey criminal defense attorney
- Avoid discussing your case with police without your lawyer
- Follow all court instructions and deadlines
Many law firms offer free consultations, so there’s no risk in getting advice. A good lawyer will review whether the stop was legal, whether proper testing was done, and whether the law even applies to your situation.
Possible Legal Defenses
Here are a few common legal defenses used in bicycle DUI or public intoxication cases:
No probable cause
Police need a valid reason to stop you. If you were simply riding your bike safely, and not doing anything illegal, the stop might be challenged.
Medical conditions
Some health conditions (like diabetes or epilepsy) can mimic signs of intoxication. If you weren’t actually drunk, this could be a strong defense.
Faulty sobriety tests
Breathalyzers and field sobriety tests aren’t perfect. If they were used incorrectly, the evidence may be invalid.
Violation of rights
If you weren’t read your Miranda rights, or weren’t allowed to speak with an attorney, that may be grounds for dismissal.
Final Thoughts: Is It Ever Worth the Risk?
So, can you get a DUI on a bike in NJ?
Legally speaking, probably not—but that doesn’t mean biking while drunk is a good idea.
It’s still risky for your safety, and it opens the door to other legal problems. You could end up:
- Getting arrested
- Facing a court date
- Paying fines
- Having a criminal record
- Hurting yourself or someone else
At the end of the day, riding a bike drunk is not a loophole to escape DUI laws. It’s still unsafe, and it can still have consequences.