Yes… You Can Get a DUI while Riding Your Bike in Pennsylvania

Call Philly Bike Lawyer at (267) 423-4464 for a free consultation.

Pennsylvania’s DUI statute, 75 Pa.C.S. § 3802, forbids an individual from operating a vehicle with a blood alcohol content of .08% or after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely operating the vehicle.

The Superior Court has held that bicycles were vehicles for purposes of 75 Pa.C.S § 3731, which is the old DUI statute. Commonwealth v. Brown, 423 Pa. Super. 264, 620 A.2d 1213, 1215 (Pa. Super. Ct. 1993). Since the old and current DUI statutes contain substantially the same language, it is safe to assume that a bicycle is a vehicle for purposes of 75 Pa.C.S. § 3802 as well.

So the rumors are true, you can be convicted for driving under the influence while operating a bicycle. Be safe, just walk or take a cab.

If you've been charged with a DUI while riding your bike, then you should contact an attorney at PHILLY BIKE LAWYER. You can fill in a contact form here.

Disclosure: This blog post is meant to provide general information only. The information presented in this post should not be construed as formal legal advice nor forming a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues.