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Can I be arrested if I'm riding my bike drunk?

Posted by Nathan Webb | Sep 03, 2015 | 0 Comments

This is a common question I encounter when at dinner parties, etc.  The answer is no, but (ah the caveat) the officer can take you into custody for your own good, impound the bike and have a friend come get you or put you into "protective custody."  Click here to read the Intoxciated Bicyclist statute. See, RCW 46.61.790.

NOTE: this statute does not apply to motorcycles, you most certainly may be arrested for driving under the influence while on a motorcycle. RCW 46.61.502.

Essentially you can be stopped, the bike can be impounded but you wouldn't be arrested per se and charged with a DUI as this is not a motor vehicle.  The legislature has enacted this statute to protect persons who might unwittingly drift off into traffic while trying to ride a bike home while intoxicated.  

As there is no public intoxication statute in Washington State there is no DUI for Bicyclist, just a friendly ride home from a police officer instead.  

Now we all know that DUI laws are tough and if you have been caught driving a car or motorcycle or boat while under the influence, give us a call right away, we are your Best Seattle DUI Attorneys.

Contact us or call (425) 398-4323

About the Author

Nathan Webb

Nathan "Nate" Webb has been repeatedly recognized by Washington Law and Politics Magazine as a Super Lawyer Rising Star, named one of Seattle's Top Attorneys by Seattle Met Magazine and is rated Superb (perfect 10 out of 10) by Avvo.com.

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