7/20/2010 10:29:14 AMOver the last couple of weeks, there has been media attention given to the issue of bicyclists who are arrested for driving under the influence (DUI). One of the reasons I like having a website is so matters such as these can be communicated effectively.
A couple of weeks ago, at around 1:00 in the morning, Deputy Aaron Dunlap had occasion to pull over a bicyclist who was operating the bicycle without a front light. Pursuant to that stop, Deputy Dunlap arrested the bicyclist for DUI. This arrest provided me with a great opportunity to look at the DUI law as it pertains to bicycles, and then to formulate a philosophical approach to the issue.
The law absolutely allows for a person to be arrested for DUI if they are operating the bicycle under the influence. Therefore, I wholeheartedly and fully supported the arrest. I also thought I should take a look at the matter from a global public safety perspective as well. By that I mean, would I rather a person who is under the influence ride a bike or drive a car, and is there a public safety distinction to be made?
To me, it is obvious that if an inebriated person had to choose between a car and a bicycle, I would rather they pick the bicycle because they pose less of a risk to the public. This is not to say they do not pose a public safety risk while on a bike, they just pose a lesser one. Of course I would prefer they take a taxi, a designated driver or call a friend to pick them up.
In thinking this issue through, I thought if we arrested people for DUI on bicycles on every occasion, the unintended consequence of that might be that we create a disincentive for them to take the bike over the car, thereby possibly exacerbating the public safety problem.
Secondly, I found it troubling the DUI law covers “any vehicle” which includes a bicycle, but the implied consent law covers (only) motor vehicles which excludes bicycles. It made little sense to me that on the one hand a person could get arrested for DUI riding a bicycle but the method to secure the blood alcohol concentration was changed.
By no means should this present the message I am adamantly opposed to arresting a bicyclist for DUI. Sometimes, arresting for DUI could very well be the appropriate charge. To me it would depend on the circumstances. People who are creating a severe hazard by riding all over the road would certainly be one example. A bicyclist crashing into a parked car would be another one. The totality of the circumstances in terms of public safety should be our guiding principle.