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Started By
Message
re: You can't get a DWI riding a bike can you?
Posted on 8/2/14 at 8:42 am to Walt OReilly
Posted on 8/2/14 at 8:42 am to Walt OReilly
You can get a DWI on a a PoGo Stick if you're on a public road.
Posted on 8/2/14 at 8:57 am to LSUTiger205
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 on 8/2/14 at 8:59 am to Walt OReilly
Maybe not but you can get a public drunk
Posted on 8/2/14 at 9:19 am to Walt OReilly
Is a bike an "other conveyance?"
Posted on 8/2/14 at 9:46 am to Tigerlaff
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.
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 on 8/2/14 at 9:46 am to Tigerlaff
No idea what conveyance means ?
Posted on 8/2/14 at 10:05 am to Dizz
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.
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 on 8/2/14 at 10:12 am to Walt OReilly
I thought you quit drinking and turned a new leaf in your life?
Posted on 8/2/14 at 11:12 am to BottomlandBrew
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.
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 on 8/2/14 at 11:33 am to Twenty 49
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 on 8/2/14 at 12:18 pm to Walt OReilly
Friend of mine got one on a moped in college. Drove it like 500 yards down the street.
Posted on 8/2/14 at 1:01 pm to Walt OReilly
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.
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 on 8/2/14 at 1:08 pm to Asgard Device
Dang, got hit with everything trying to be safer!
Posted on 8/2/14 at 1:23 pm to Walt OReilly
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 on 8/2/14 at 1:27 pm to Eternally Undefeated
golf cart DUI's in Peachtree city are pretty common
Posted on 8/2/14 at 2:53 pm to Eternally Undefeated
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
BWI ftw
This post was edited on 8/2/14 at 2:54 pm
Posted on 8/2/14 at 2:55 pm to Walt OReilly
I thought whatever you were driving / riding had to have a motor to get a DWI.
Posted on 8/2/14 at 3:02 pm to crimsonsaint
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 on 8/2/14 at 3:04 pm to Warfarer
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 on 8/2/14 at 3:04 pm to southernelite
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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