Drunk driving is illegal because it poses a risk of harm to others on or near public roads, as well as to the drinking driver. The impairment caused by drinking alcohol leads to thousands of DUI accidents, injuries, and deaths every year in New Jersey. Driving under the influence laws in New Jersey impose harsh penalties to deter and punish drunk driving.
Because New Jersey is known as one of the most bike-friendly states in the nation, many people wonder whether riding a bike after drinking is the key to avoiding a DUI. Unfortunately, you can still be severely injured in a bicycle accident caused by alcohol impairment. However, there is no specific criminal offense for DUI on a bicycle in New Jersey.
If you are in an accident while riding a bicycle and are found to be intoxicated, you may be charged with DUI in some jurisdictions. You also may be charged with certain disorderly persons offenses, such as disorderly conduct, resisting arrest, or obstructing police.
Should you be charged with DUI on a bicycle, a conviction is a threat to your freedom and your future. Disorderly persons offenses are the lowest level of criminal charges in New Jersey law. A conviction will show up on a criminal background check conducted when you apply for a job, a loan, college admission, or public housing. It is important to seek the legal assistance of an experienced NJ defense attorney to minimize the legal consequences of alcohol-related charges. You should contact The Law Offices of Jonathan F. Marshall, which has offices across New Jersey. Phone 877-328-0980 anytime to set up a free initial consultation.
Can You Get a DUI for Biking Under the Influence in New Jersey?
New Jersey’s driving while intoxicated law (N.J.S. 39:4-50) defines multiple penalties for being a “person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08 percent or more by weight of alcohol in the defendant’s blood …”
Penalties depend on the blood alcohol concentration, such as 0.08 percent or higher but less than 0.10 percent, whether it is the defendant’s first, second, third, or subsequent violation and other factors.
At the beginning of Title 39 in New Jersey statutes, the state’s motor vehicles and traffic regulations, “motor vehicle” is defined as “all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks, low-speed electric bicycles, low-speed electric scooters, and motorized bicycles.”
Therefore, though it is illegal to operate a motor vehicle while under the influence of alcohol or drugs, “motor vehicle,” as referenced in New Jersey law, does not apply to pedaled bicycles, low-speed electric bicycles, or motorized bicycles.
Conflicting NJ Court Opinions about DUI on a Bicycle
In a New Jersey case known as State v. Tehan, 190 N.J. Super. 348 (1982), the Court found that the state’s DUI law imposed a duty upon individuals to refrain from operating on the roadways while they were intoxicated, including people operating bicycles. The Court based its reasoning on N.J.S. 39:4-14.1, which says that bicyclists are afforded all of the “rights and shall be subject to all of the duties applicable to the driver of a vehicle …” on a roadway. The Court held that because of the danger to the bicyclist and to others, the operator of a bicycle was under the same obligation to stay off the roads when intoxicated as a driver.
Nearly a year later, the defendant in State v. Johnson, 203 N.J. Super. 436, 438 (Law Div. 1985) was charged and later convicted for DUI while on a bicycle. In his appeal, the defendant admitted his intoxication but said the wording of the statute indicated he was not operating a motor vehicle and therefore was not guilty of DUI. The appellate Court agreed.
The Appeals Court stated that “if it is the intention of the Legislature that a bicycle be included as a motor vehicle and its operator subject to the penalties for driving while intoxicated, then it is also the responsibility of the Legislature to make that clear.”
Later, in State v. Machuzak, 227 N.J. Super. 279, 283 (Law Div. 1988), the Court agreed with the opinion in State v. Johnson and overturned the defendant’s conviction, saying that N.J.S. 39:4-50 “specifically and unambiguously applies to motorized vehicles only.”
In December 2023, the New Jersey Law Revision Commission examined the statutes and these cases and said, “Although the statute does not appear to be ambiguous regarding the exclusion of bicycles, whether an intoxicated cyclist will face charges under New Jersey’s DWI statute hinges upon which precedent a court elects to follow. … (A) disagreement about the applicability of N.J.S. 39:4-50 to bicyclists exists in New Jersey’s common law. Divergent trial court rulings create a scenario where the statute is open to contrasting interpretations.”
The New Jersey Law Revision Commission was created to “promote and encourage the clarification and simplification of the law … and its better adaptation to present social needs.” Its report about the applicability of N.J.S. 39:4-50 to bicyclists was submitted to bring the issue to the attention of the N.J. Legislature.
What Charges Can You Face for Cycling Under the Influence in New Jersey?
If your actions on a bicycle cause police to stop you or someone to report you to the police, you could get off with a warning and orders to go home. But if you’re visibly intoxicated, it’s more likely you’ll be charged with violations of New Jersey’s laws, such as:
- Disorderly Conduct (N.J.S. 2C:33-2), which includes purposely or recklessly causing a “public inconvenience, annoyance or alarm” by creating a “hazardous or physically dangerous condition by any act which serves no legitimate purpose.”
- Obstruction (N.J.S. 2C:29-1), which includes preventing or attempting to prevent a police officer or public servant from lawfully performing an official function by means of intimidation, force, violence, physical interference, or obstacle, or by means of any other unlawful act.
- Resisting Arrest, Eluding an Officer (N.J.S. 2C:29-2), which includes preventing or attempting to prevent a law enforcement officer from making an arrest. Just about anything can lead to a resisting arrest charge. Legally, when told you are being placed under arrest, you are to let the arrest process proceed.
You may have noticed that obstruction and resisting arrest sound similar. One applies when a police officer says to stop or halt, and the other applies once police say you are under arrest. You can be charged with both.
These are disorderly and petty disorderly persons offenses — minor, non-indictable charges punishable by a maximum of 6 months in jail and a fine of up to $1,000. A disorderly person’s offense is heard in municipal court.
But if you have injured someone or endangered yourself or others while riding a bicycle on a public road while intoxicated, you could still be charged with DUI. It may not stick once you have an experienced lawyer on the case, but it significantly increases the seriousness of the legal problems ahead of you.
Defenses for Cycling Under the Influence Charges in New Jersey
If you are represented by The Law Offices of Jonathan F. Marshall, your attorney will seek to have a DUI on a bicycle charge dismissed. Our attorneys have the experience and professional relationships with local prosecutors to have our arguments against proceeding with the DUI charge given fair consideration.
It is easier to get bicycle DUI charges dismissed or reduced for clients who have not previously been charged with other alcohol-related offenses.
Potential Defenses to DUI Biking Charges
- Lack of probable cause: Police cannot legally stop a bicyclist purely out of suspicion. There must be clear signs that illegal activity is taking place.
- Improperly administered field sobriety or breathalyzer tests: Several of our attorneys are certified in Standardized Field Sobriety Testing and in the operation of the Draeger Alcotest 7110 and Draeger Alcotest 9510 breathalyzers used across New Jersey. We will be able to determine whether sobriety and blood-alcohol concentration tests were conducted properly and should be able to develop a successful case for dismissal if evidence proves otherwise.
- Medical conditions: Several medical conditions can mimic alcohol intoxication, including conditions that affect mental state and speech. They include cerebral palsy, diabetes and hypoglycemia, epilepsy, and other conditions. Certain medications can cause reactions that appear to be intoxication, too.
- Rights violations: We will call for immediate dismissal of the charges upon finding evidence of failure to advise you of your Miranda rights against self-incrimination, failing to promptly allow you to contact a lawyer, or questioning you outside of the presence of an attorney.
We may be able to establish other defenses or holes in the prosecution’s case that lead to the dismissal of charges or an acquittal in court. Our attorneys will ensure that the law is applied fairly in relation to the unique circumstances of your case. We will seek the most favorable outcome available to you.
Meet With Our New Jersey DWI Lawyers Now
If you have been charged with driving under the influence while on a bicycle in New Jersey, a DUI defense attorney from the Law Offices of Johnathan F. Marshall can work to obtain the best possible resolution of your case. You should hire a lawyer as soon as possible anytime you are arrested and charged with a crime. New Jersey penalties for DUI are costly and long-lasting, but there are opportunities to challenge DUI charges filed against a bicyclist.
Contact the Law Offices of Johnathan F. Marshall at any of our locations across New Jersey as soon as possible for a free initial consultation about a DUI on a bicycle or charges related to public intoxication.
