Some people may think that you can only get a DUI if you are driving a car. In fact, it may be possible to get a DUI while riding a bike, but mainly if it is an electric bike or one with some sort of propelling action that necessitates a different categorization. Many questions may arise about this topic. For example:
What is a vehicle?
Is it something propelled by physical labor or by some other type of force?
Does animal force count?
Is there a speed limit?
Is it automated or not?
Does it have to have more than one wheel? How many more?
First, we need to understand the DUI laws, how they are applied, and what types of things they apply to.
Key Takeaways
- It is possible to get a DUI while riding an electric bike, as they may be categorized as vehicles under the law.
- DUI laws in Illinois prohibit driving or being in control of any vehicle while under the influence of alcohol or drugs, with strict definitions and requirements for various vehicle types.
- Regular bicycles, propelled by human power, do not fall under the legal definition of a vehicle for DUI purposes, but electric bikes and similar devices can.
DUI laws
The Illinois Compiled Statutes explains that driving while under the influence of a mind-altering substance is a crime if the levels of that substance reach a certain amount.
Driving while under the influence of alcohol, another type of drug or drugs, intoxicating compounds, or any combination of them is illegal, but there are some specific factors that the law contemplates:
(a) A person shall not drive or be in actual physical control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood,
another bodily substance or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound
or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;
(4) under the influence of any other drug
or combination of drugs to a degree that renders the person incapable of safely driving;
The DUI law also applies to anyone under the age of 21 who gets pulled over with any amount of alcohol in their bloodstream. Since people under 21 are not legally allowed to drink alcohol, they are not entitled to get behind the wheel of a vehicle with even a drop in their system.
Now, pulling the specific language out of the statute is necessary to really understand it. What does it mean to drive? This may sound a bit silly because surely most people understand what driving means, but to be sure, section 1-115.8 of the statute defines what the word "drive" means. Its definition of driving is "to drive, operate, or be in physical control of a motor vehicle." What about other types of vehicles which are not motor vehicles?
A bike is defined in the Vehicle Code as every device propelled by human power upon which any person may ride, having two tandem wheels except scooters and similar devices. Then there are also electric bicycles which fall outside of the typical definition of bikes.
Electric Bikes and Other Types of Nontraditional Vehicles, Excluding Cars
The Illinois Vehicle Code in the Compiled Statutes defines various types of vehicles and the way they are operated. For example, sections 1-104.2 describe an "autocycle" as a 3-wheel motor vehicle that has a steering wheel and seating that does not require the operator to straddle it or sit astride it.
A "commercial vehicle" is defined as any vehicle operated for the transportation of people or property and done so in the furtherance of any commercial or industrial enterprise, For-Hire or Not-For-Hire, but not including a commuter van, a vehicle used in a ridesharing arrangement when being used for that purpose, or a recreational vehicle which is not being used commercially. Technically speaking, this can include a bike used to deliver items like food from a restaurant.
The code definitions get rather specific, and they do contemplate various types of electric bicycles.
A "low-speed electric bicycle" is defined as a bike equipped with fully operable pedals and an electric motor of less than 750 watts that meets the requirements of one of the following classes:
(a) "Class 1 low-speed electric bicycle" means a low-speed electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance to the rider when the bicycle reaches a speed of 20 miles per hour.
(b) "Class 2 low-speed electric bicycle" means a low-speed electric bike equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance to the rider when the bicycle reaches a speed of 20 miles per hour.
(c) "Class 3 low-speed electric bicycle" means a low-speed electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour.
A "low-speed electric bicycle" is not a moped or a motor-driven cycle.
A low-speed gas bicycle is a 2 or 3-wheeled device with fully operable pedals and a gasoline motor of less than one horsepower, whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 miles per hour. The weight of 170 pounds is given to illustrate how the math works out in regards to the speed the bike may be able to reach.
But is it a vehicle?
Another non-car vehicle is an electric personal assistive mobility device. The statute defines that as a self-balancing two non-tandem wheeled device designed to transport only one person with an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less.
Then we also have golf carts. These are defined as being a vehicle specifically designed and intended for the purposes of transporting one or more persons and their golf clubs or maintenance equipment while engaged in the playing of golf, supervising the play of golf, or maintaining the condition of the grounds on a public or private golf course.
The word "vehicle" is defined as being every device, in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power, devices used exclusively upon stationary rails or tracks, and snowmobiles as defined in the Snowmobile Registration and Safety Act. So regular, human-propelled bikes do not fall under the definition of "vehicle". Therefore, the prohibition against driving or being in actual physical control of any vehicle does not apply to regular bicycles.
However, if someone is riding an electric bike that fully propels them on its own, without the need for the person to do any pedaling, this may very well be considered a vehicle, as the definition of the word "vehicle" is laid out in the statute. So, at the end of the day, it is not recommended that anyone get on any type of bike while intoxicated, especially if it is an electric bike because it is possible to get a DUI while on an electric bike.
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