Can You Get a DUI on a Bicycle?

When it comes to impaired driving and DUIs, most people think of cars and trucks. But what about bicycles? In Canadian law, a DUI charge only applies to conveyances.  The Canadian Criminal Code defines a conveyance as a motor vehicle, vessel, an aircraft or railway equipment.  The Criminal Code defines “motor vehicle” as a vehicle propelled or driven by any means other than muscular power, such as a car or motorcycle. A bicycle doesn’t fit this definition since it’s powered by the rider.  Even though a bicycle isn’t a motor vehicle, local bylaws and provincial laws generally have specific rules for cyclists. Police have the authority to stop cyclists suspected of impaired riding, but it will not lead to a Criminal Code DUI charge.  However, if you are operating an E-Bike (electronic bicycle), motorised scooter or golf cart, they are considered to be  “conveyances” under the Criminal Code and you could potentially face DUI charges if stopped for impaired driving.  

Other Charges for Operating a Bicycle While Impaired

While you won’t be charged with DUI, you could still face charges for public intoxication or careless driving under the Ontario Liquor License Act and Highway Traffic Act. These are not criminal charges, however they can still lead to fines and other serious repercussions:   Penalties for Careless Driving of a Bicycle:  

• Fines between $400 to $2,000.
• Possible jail time for serious offences such as careless driving causing death or bodily harm

  Public Intoxication Penalties:

• Fines of at least $50 or more
• Possible arrest by the police  and spending a night at the police station in the “drunk tank” if the police believe a person represents a potential threat to themselves or others 
• The police also have the authority to arrest and escort a drunken person to the hospital if their intoxication poses a risk to their health 

 

Free Consultation For Criminal Defence

Are you facing criminal charges? It’s crucial to seek the guidance of an experienced criminal defence lawyer. At Kruse Law, we have decades of experience in crafting effective defence strategies to help our clients achieve the best possible outcomes. Contact us today for a free consultation to discuss your criminal defence needs across Ontario.