Consequences for Driving a Bicycle While Impaired?

[Mixalot27]

Just wondering what the police could charge you with if you were caught riding a bicycle on the city streets while drunk.

A few people have told me you can get charged with impaired driving, same as if driving a car.

I did some searching and found a couple articles from Ontario saying that you can't be charged with impaired driving unless what you are driving has a motor, hence the motor vehicles act. However it said you could be drunk tanked and fined with careless driving or public intoxication.

But I also found some not so reliable mentions on forums saying you can get charged with Impaired driving while biking because bikes are considered vehicles under the TSA and subject to the same laws as cars.

[Q-TIP]

Trust me, you can be charged with impaired operation of a human-powered vehicle. Of course the fine is not the same, and your driver's licence is not impacted. When it happened to me it was $75. Probably only got the ticket because I tried to run away from the police officer but hit a lightpost and fell off.

[Mixalot27]

That sounds pretty reasonable. Thanks for the info.

I know this idiot who got an impaired driving charge (while driving a car). His license is suspended so now he rides his mountain bike around to different bars and gets insanely hammered.

This guy is convinced that if the cops catch him riding his bike while drunk, his driver's license will be suspended for longer and he might even go to jail because of a 2nd impaired charge.

I told him at worst he would probably just spend a night in the drunk tank or get fined for being drunk in a public place. But I didn't really know what the exact penalty was.

The bigger things to be worried about would probably be wiping out and splitting your head open or being hit by a car.

[bart]

there are countries where you get your drivers license suspended if you own one, or option b is jail time

[heinz256]

Originally posted by Q-TIP
Probably only got the ticket because I tried to run away from the police officer but hit a lightpost and fell off.

[Kijho]

Fuck that shit, in Ontario last summer me and some buddies were on my PRIVATE farm anchorage. Had a few beers and we were just hangin out around the fire pit listening to music and enjoying the 35 celsius humid nights.

We had the ATV out, now I know this is a powered vehicle VS a bicycle, but my buddy drove the ATV back to get some firewood from the shed. (Literally he had maybe 3 or 4 beers?? Nothing extreme...)
For whatever fucking reason cops thought the field was "on fire" (Even though I have a fully landscaped and built fire pit on the lower west end of the field, closer to a small body of water) they ended up COMING ON TO THE FIELD - Found my buddy driving the ATV, when they realized it was simply just a fire they connected 1 + 1 and ended up breathalyzing my buddy.... who ended up a 5 year license suspension, $4000 charge, and now has a "DUI" on his records.

Dumbest fucking shit ever...
That was 3 years ago, he still can't drive and he's on his last year in University out there, luckily in Toronto he just lives in Rez and has no need for a car.

[TeamBestBud]

Originally posted by Q-TIP
Probably only got the ticket because I tried to run away from the police officer but hit a lightpost and fell off.

[spikerS]

No, they can not give you a DUI for riding a Bicycle, and if they did, that charge would get thrown out of court the moment a judge saw it on the docket. However, they could and probably would toss you into a drunk tank for being so intoxicated you can't ride a bike safely.

Originally posted by Kijho
Fuck that shit, in Ontario last summer me and some buddies were on my PRIVATE farm anchorage. Had a few beers and we were just hangin out around the fire pit listening to music and enjoying the 35 celsius humid nights.

We had the ATV out, now I know this is a powered vehicle VS a bicycle, but my buddy drove the ATV back to get some firewood from the shed. (Literally he had maybe 3 or 4 beers?? Nothing extreme...)
For whatever fucking reason cops thought the field was "on fire" (Even though I have a fully landscaped and built fire pit on the lower west end of the field, closer to a small body of water) they ended up COMING ON TO THE FIELD - Found my buddy driving the ATV, when they realized it was simply just a fire they connected 1 + 1 and ended up breathalyzing my buddy.... who ended up a 5 year license suspension, $4000 charge, and now has a "DUI" on his records.

Dumbest fucking shit ever...
That was 3 years ago, he still can't drive and he's on his last year in University out there, luckily in Toronto he just lives in Rez and has no need for a car.

I call BS. The police can not charge you for DUI on private property, again, if this happened, it would be tossed the moment it went to court. This is assuming that the property is not assumed public access, and is indeed private.

[revelations]

Originally posted by spikers
No, they can not give you a DUI for riding a Bicycle, and if they did, that charge would get thrown out of court the moment a judge saw it on the docket. However, they could and probably would toss you into a drunk tank for being so intoxicated you can't ride a bike safely.

A bicycle does not fall under the Traffic Safety Act and no 0.08 laws apply there.

What CAN apply are civic bylaws for being drunk in public, same as walking home drunk, in the middle of the street for eg.

[project240]

Originally posted by Q-TIP
Probably only got the ticket because I tried to run away from the police officer but hit a lightpost and fell off.

Sorry, I know it's been quoted a couple times already, but that is hilarious

[Dilmah]

Originally posted by spikers
No, they can not give you a DUI for riding a Bicycle, and if they did, that charge would get thrown out of court the moment a judge saw it on the docket. However, they could and probably would toss you into a drunk tank for being so intoxicated you can't ride a bike safely.



I call BS. The police can not charge you for DUI on private property, again, if this happened, it would be tossed the moment it went to court. This is assuming that the property is not assumed public access, and is indeed private.

I'm going out on a limb and calling double bullshit I think they can charge you with impaired driving on private property. Private property doesn't mean you have your own laws.

[swak]

Originally posted by Dilmah


I'm going out on a limb and calling double bullshit I think they can charge you with impaired driving on private property. Private property doesn't mean you have your own laws.

THIS.

The traffic safety act says that you can not, EVER, get behind the wheel of a motor vehicle while impaired. This doesn't matter whether its on private property or not...

The only difference on private property is that you're putting less people in harm by your dumb-ass actions / as well, police are less likely to come on private property to fine someone for this.... Your case is the exception.

[spikerS]

Originally posted by swak


THIS.

The traffic safety act says that you can not, EVER, get behind the wheel of a motor vehicle while impaired. This doesn't matter whether its on private property or not...

The only difference on private property is that you're putting less people in harm by your dumb-ass actions / as well, police are less likely to come on private property to fine someone for this.... Your case is the exception.

You can do whatever you like on your own land, as long as you are not endangering the public at large.

If you read the laws, it states that you can not operate a motor vehicle on a highway while intoxicated.

Police are not allowed to trespass onto private property without just cause. It is my understanding that if you are in the middle of your field drinking a beer while driving your truck across it, since you did not enter or cross a public road or property to do so, they can not come after you to do so.

Now I may be wrong on that, but I am pretty sure I am right. Perhaps a lawyer or officer can chime in on it.

[spikerS]

Originally posted by Dilmah


I'm going out on a limb and calling double bullshit I think they can charge you with impaired driving on private property. Private property doesn't mean you have your own laws.

No, it doesn't mean you have your own laws.

What it means is, that the laws that are in place are for people operating vehicles on public roads, but since you are on your own private property that does not have general public access, the laws would not apply to you.

[swak]

Originally posted by spikers


You can do whatever you like on your own land, as long as you are not endangering the public at large.

If you read the laws, it states that you can not operate a motor vehicle on a highway while intoxicated.

Police are not allowed to trespass onto private property without just cause. It is my understanding that if you are in the middle of your field drinking a beer while driving your truck across it, since you did not enter or cross a public road or property to do so, they can not come after you to do so.

Now I may be wrong on that, but I am pretty sure I am right. Perhaps a lawyer or officer can chime in on it.

Sounds like the police had just cause to come on the property - "possibility of fire".

... and i looked on the queen's printer, and can't find the peice of legislation, but im 110% sure "not gonna go into details how i know this so well", but 110% sure that it doesn't matter where you are, that you cannot drive under the influence.

[revelations]

http://www.tc.gc.ca/eng/roadsafety/s...-index-580.htm

if you are found to be driving any type of motor vehicle while legally impaired, you are committing a crime. And you don't have to be driving a car or truck on the road to be charged. Impaired driving laws apply to boats, snowmobiles, all-terrain vehicles and airplanes. They apply on private property as well as on public roads. They apply even if the vehicle is parked. Once you sit behind the wheel with the keys in your hand, the laws apply to you.

http://www.tirf.ca/faq/index.html

Can I be charged with impaired driving if I'm on my own property?

Yes. The Criminal Code of Canada applies not only to public roads and highways but to private property as well.

[Maybelater]

I know the keys in the vehicle thing is true. A relative of mine was intoxicated and almost got charged with a DUI because he had his keys in the ignition so he can listen to the radio.

[Dilmah]

Originally posted by swak


Sounds like the police had just cause to come on the property - "possibility of fire".

... and i looked on the queen's printer, and can't find the peice of legislation, but im 110% sure "not gonna go into details how i know this so well", but 110% sure that it doesn't matter where you are, that you cannot drive under the influence.

Easy way to settle this, sit in your house, have a few drinks, and a few more, then go to your car that's in your own private driveway, get in the car, start it up and call the cops and tell them that you're in your own car, drunk and driving the car in your own private driveway and tell them you want them to stand on the road and watch. Make sure you tell them that they are not allowed on your property and see what happens. Oh one more thing, video or it didn't happen. The challenge is set, who's going to be man, I mean confident enough in their words to do it. I'll wait...

[sexualbanana]

Originally posted by Mixalot27

This guy is convinced that if the cops catch him riding his bike while drunk, his driver's license will be suspended for longer and he might even go to jail because of a 2nd impaired charge.

So he's convinced that he's going to get in more trouble if gets caught on his bicycle, and he continues to do it??? The name 'idiot' might be an understatement

[93VR6]

A kid a couple years younger than me rode his bike home late one night drunk, just pedaled straight across Anderson road and got smoked by a car, that's pretty serious consequence for doing it.