Bicyclists in some states, including big California and tiny Delaware, come under DUI laws – maybe they should be called BUI laws – but not in Washington.
Granted, a drunken person behind the wheel of a 3,000-pound car poses much greater risk to himself and to others than one pedaling a 25-pound road bike, but there’s still some risk.
“He can still cause an accident,” said Bellingham police Sgt. David Richards. “He can still cause an injury accident. He can still cause a fatal accident.”
There’s no good handle on the number of intoxicated bicyclists in Bellingham because, without a statute that applies, police have no way to track the numbers.
Several years ago, a federal official said 30 percent of adult bicyclists who died in traffic crashes were intoxicated at the time. I’m surprised the percentage wasn’t higher.
I suspect it takes more coordination to ride a bicycle than to drive a car, so bicyclists might have a tougher time going down the road safely with fewer drinks under their belt.
I also suspect that bicyclists foolish enough to ride while drunk probably aren’t inclined to have a night light and a rear reflector, as required by law, or to wear a helmet, which isn’t required but is a smart thing to do.
Of course, bicycles aren’t registered and licensed the way motor vehicles are, so DUI penalties that deal with a driver’s license wouldn’t apply to bicyclists. So BUI laws can, and probably should, differ from DUI laws.
In California, for example, drunken bicyclists can be fined up to $250, well short of regular DUI penalties.
In Delaware, the fine for a first-time drunken bicyclist violation ranges from $150 to $1,150, and goes up for repeat offenses. But the violations don’t go on the person’s driving record.
In Washington, the legal definition of a “vehicle” includes bicycles, yet the Appeals Court ruled in 1995 that the state’s mix of DUI laws didn’t make it crystal clear they were meant for bicyclists.
A Washington law says police can offer to transport a drunken bicyclist to a safe place, but the cyclist doesn’t have to accept the offer. The officer can impound the person’s bike to reduce the “threat to public safety,” but can’t charge an impoundment fee.
Richards said he wasn’t sure whether a BUI law was a good idea, but he had another suggestion. Right now, a bicyclist running a series of traffic signals, going the wrong way down a street, and otherwise pedaling like a maniac can only be fined $103 for traffic infractions, he said.
Given the minor nature of the ticket, and the danger of pursuing in a police car to catch the fool, officers may decide the chase isn’t worth the risk.
But if people could be charged with the crime of “negligent bicycling” – akin to a negligent driving charge for motorists – the fine would be much higher, making the chase worth considering.
“We should have a negligent-operation-of-a-bicycle law,” Richards said.
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