One for the legally minded amongst us.
If you are riding a tandem (or trandem) and are occupying the stoker's seat and have become a little inebriated before the ride, but the Captain is sober, can you get done for being drunk in charge of a pedal cycle?
stoker is not in charge - like you can't be done for being drunk ina vehicle driven by a sober person
But you're effectively in charge of the throttle!
not really, you've got half the throttle, and the captain could slam on the brakes and stop his legs moving to get you to stop if he head to.
Apparently if you get stopped for being drunk on a bike, you have the right to refuse a breath test, and unlike with driving they cant charge you with refusing a test, so its a get out of jail free card.
Been charged with reckless cycling twice in the past so quite interested in the legal aspects.
I've heard tales of stuff like this, its annoying, it seems like the powers at be want it to be illegal to be just drunk..
Shak47 - the offence of riding a bike drunk is actually " riding under the influence of alcohol" not riding with a over a tested level of alcohol - there are standardised tests to see if you are too drunk to ride. No breathalyser needed. Its very rarely used. Cops will tend to get you to push the bike home
My brother got done for being drunk in charge of a bicycle.
He did ride into the back of a police car, though.
As mentioned above you do not have to give a breath or urine test but if you volunteered one it would "probably be admissable" whatever that means. IIRC if the copper deems that you are a danger to yourself and others then you can be detained and I think the fine is £200 but they can't take your licence off you or put points on it. I think most just get told to get off and walk.
I <ahem> have a mate who cycled home on 6 pints one night, mostly urban parks and empty side roads. He didn't attempt the flight of steps he ordinarily did as they looked a bit blurry. Pretty good job as he fell off on them in the ice and snow after only 3 pints a couple of weeks later.
s30 Road Traffic Act is the offence of cycling on a road or public place whilst under the influence of drink or drugs
there is no power to breath test you. You can't be 'drunk in charge' of a pedal cycle under s30 RTA, because there is no offence of 'being in charge' of a cycle under the Act
My old history teacher was fined for being drunk in charge of a horse. Fell off at traffic lights right beside a police car 
in the past i have just done a runner down a side street or sommat..had a class chase from the hay market in newcastle down to the river one time.
ah happy days.
not on a tandem mind you just me normo bike.
Evidence of the officer and/or FME that a person is drunk is sufficient to prove the offence so all this pap about refusing breath tests and urine samples is a waste of time. If you are pissed on the back of a tandem you are still riding the bike so it would be no different to the person at the front. I doubt very much that most officers would do anything other than tell you to walk unless you had done something very dangerous and/or stupid.
Oh and if you are deemed 'incapable' it is actually illegal to be drunk in a public place. But you're only likely to get taken to hospital not the nick.
I got told off for being drubk in charge of a bicycle once. And for going through a red light. And for making abusive hand signals at pedestrians. And for sniggering when getting told off by the cops.
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