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re: You can't get a DWI riding a bike can you?

Posted on 8/2/14 at 8:42 am to
Posted by CHEDBALLZ
South Central LA
Member since Dec 2009
22005 posts
Posted on 8/2/14 at 8:42 am to
You can get a DWI on a a PoGo Stick if you're on a public road.
Posted by Warfarer
Dothan, AL
Member since May 2010
12145 posts
Posted on 8/2/14 at 8:57 am to
quote:

Yeah you can. On a lawn mower and horse too



My buddy got threatened with one for riding his skateboard down the road piss drunk at 3 am one morning.
Posted by prplhze2000
Parts Unknown
Member since Jan 2007
51619 posts
Posted on 8/2/14 at 8:59 am to
Maybe not but you can get a public drunk
Posted by Tigerlaff
FIGHTING out of the Carencro Sonic
Member since Jan 2010
20936 posts
Posted on 8/2/14 at 9:19 am to
Is a bike an "other conveyance?"
Posted by Dizz
Member since May 2008
14854 posts
Posted on 8/2/14 at 9:46 am to
The statute in LA is vague about a bike, but the Supreme Court has interpreted it to mean motorized conveyance.

Heard a State trooper bragging one time about how he almost wrote a guy a DUI for operating am elevator drunk.
This post was edited on 8/2/14 at 9:47 am
Posted by Walt OReilly
Poplarville, MS
Member since Oct 2005
124694 posts
Posted on 8/2/14 at 9:46 am to
No idea what conveyance means ?
Posted by BottomlandBrew
Member since Aug 2010
27245 posts
Posted on 8/2/14 at 10:05 am to
Correct. The state Supreme Court actually recommended amending the law to include bikes, but the legislature has never done that. As it stands now, you can't get a DUI on a bike in Louisiana. Other states definitely give you DUIs on a bike.

I prefer to ride my bike to the bars. If I get loaded though, I might still cab or public transit it home. Not real safe to ride when you're loaded.
Posted by JimMorrison
The Peninsula
Member since May 2012
20747 posts
Posted on 8/2/14 at 10:12 am to
I thought you quit drinking and turned a new leaf in your life?
Posted by Twenty 49
Shreveport
Member since Jun 2014
18895 posts
Posted on 8/2/14 at 11:12 am to
A LA appellate court held back in 1984 that "other means of conveyance" does not include a horse. They interpreted the statute to apply only to motorized vehicles.

Not sure if the LA Supremes have ever addressed that issue, but their bike case should cinch a win for a drunk equestrian.

These cases will not necessarily prevent you from getting arrested when drunk on a bike or horse. Cops often do not know or care what the courts say the law is. See the unconstitutional EBR arrests for homosexual acts in private. You could get arrested, have to post bail, get name in paper, etc. Then you hire a lawyer to move to quash the charge. You will "win," but at a cost.
Posted by 777Tiger
Member since Mar 2011
73856 posts
Posted on 8/2/14 at 11:33 am to
In most states, if it can be propelled/operated by you, you can get charged with a DUI. When I lived in FL, I knew of an individual charged with DUI in a wheel chair, and another in a motorized shopping cart. Golf carts and bicycles were pretty common. Also, there was a guy fishing on the Red River in Shreveport a few years back, that tied his boat off and took a nap, another boater saw him, assumed he was dead, and called the cops. He was popped for BUI.
This post was edited on 8/2/14 at 12:20 pm
Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 8/2/14 at 12:18 pm to
Friend of mine got one on a moped in college. Drove it like 500 yards down the street.
Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 8/2/14 at 1:01 pm to
I've heard of a dude riding a bike home instead of driving, because he had been drinking.

He got stopped by a cop who told him it was illegal to ride his bike on the sidewalk. Then the cop decided he was drunk and gave him a DUI. He spent two nights in the slammer and had to pay the cops a lot of money.

This was in denham springs.
Posted by forksup
Member since Dec 2013
8817 posts
Posted on 8/2/14 at 1:08 pm to
Dang, got hit with everything trying to be safer!
Posted by Eternally Undefeated
Member since Aug 2008
900 posts
Posted on 8/2/14 at 1:23 pm to
If the question is whether some overzealous law enforcement officer might arrest you for DWI on a bicycle (or a horse - see later), the answer is, "Probably." If the question is whether you can actually be convicted of DWI for either of these two things, the answer is "NO." A more probable arrest with be Disturbing the Peace by appearing Intoxicated in Public.
Posted by 777Tiger
Member since Mar 2011
73856 posts
Posted on 8/2/14 at 1:27 pm to
golf cart DUI's in Peachtree city are pretty common
Posted by RougeTiger
The Field, LA
Member since Sep 2009
1591 posts
Posted on 8/2/14 at 2:53 pm to
I think there should be a completely different charge for it. It is indeed dangerous, but no where near as dangerous as driving a motor vehicle while intoxicated. Therefore, the punishment should not be as harsh as that given to idiots who actually drive a 1,200 pound vehicle around town while drunk.

BWI ftw
This post was edited on 8/2/14 at 2:54 pm
Posted by crimsonsaint
Member since Nov 2009
37279 posts
Posted on 8/2/14 at 2:55 pm to
I thought whatever you were driving / riding had to have a motor to get a DWI.
Posted by Warfarer
Dothan, AL
Member since May 2010
12145 posts
Posted on 8/2/14 at 3:02 pm to
quote:

I thought whatever you were driving / riding had to have a motor to get a DWI.



nope. Same buddy who got threatened with a DUI on a skateboard got one for falling asleep in the back seat of his car while drunk. The keys were in his pocket and he had gone out there to fall asleep while waiting for someone else to get ready to leave. Cops woke him up and arrested him.
Posted by 777Tiger
Member since Mar 2011
73856 posts
Posted on 8/2/14 at 3:04 pm to
quote:

nope. Same buddy who got threatened with a DUI on a skateboard got one for falling asleep in the back seat of his car while drunk. The keys were in his pocket and he had gone out there to fall asleep while waiting for someone else to get ready to leave. Cops woke him up and arrested him.


yep, that charge is harder to convict, but it happens a lot, the assumption is you were drinking and driving the car to get to where you passed out
Posted by junkfunky
Member since Jan 2011
34030 posts
Posted on 8/2/14 at 3:04 pm to
quote:

Read that link.


I'm in the usual tl;dr crowd but it took all of 5 seconds (I read slow).

quote:

Precedence says bikes don't get DUIs in LA.
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