What's the law...
 

[Closed] What's the law regarding drink-riding?

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Plan to have a few bevvies at a mate's footy/birthday/BBQ tonight and have a rural 7-mile ride home.

Can I get breathalised/nicked for wobbling too much?


 
Posted : 18/06/2010 11:02 am
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IIRC they have no right to test you, but you can still be done for cycling dangerously. Plus you put other peoples lives in danger unless you're off-roading all the way home on quiet paths, but then you wouldn't be asking.


 
Posted : 18/06/2010 11:08 am
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http://forum.ctc.org.uk/viewtopic.php?f=7&t=16935&hilit=drunk

http://www.bikeradar.com/forums/viewtopic.php?t=12607321&sid=54e2c475c99d6d7364b6b9492c7f3960

The Licensing Act 1872 makes it an offence to be drunk in charge of a bicycle (or any other vehicle or carriage, or cattle) on a highway or in a public place but this old law also forbids any public drunkenness - even in a pub - so is clearly never enforced.

In law a bicycle is defined as a carriage for use on the highway but cyclists are not in charge of 'mechanically propelled' vehicles so, in law, do not have to adhere to exactly the same 'drink drive' rules as motorists.

Section 30 Road Traffic Act 1988 says: "It is an offence for a person to ride a cycle on a road or other public place when unfit to ride through drink or drugs - that is to say - is under the influence of a drink or a drug to such an extent as to be incapable of having proper control of the cycle.

In Scotland a PC may arrest without warrant a person committing an offence under this section.

There is no obligation for a cyclist to submit to a blood or urine alcohol test.


 
Posted : 18/06/2010 11:09 am
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Yes you can. However it is a different offence to drink driving and with no specified limit. It has no effect on your driving license and is a small fine.

The cops would have to prove that you were unfit to ride due to drink - sobriety tests like the american cops use.

In practise a cop will tell you off and tell you to walk home or call a taxi. Only if you really pee them off will you get arrested. ( getting back on the bike / being stroppy etc)

If you cause someone else to have an accident then you will be in big trouble however.


 
Posted : 18/06/2010 11:10 am
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Plus you put other peoples lives in danger

Wise words. But much of the route is on a BW. And I will be sporting all manner of hi-vis and lighting.


 
Posted : 18/06/2010 11:10 am
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I would consider walking on the road bits and careful cycling on the BW bits then!


 
Posted : 18/06/2010 11:17 am
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Just ride carefully and you'll be fine. I wobble home from the pub all the time.
๐Ÿ˜€


 
Posted : 18/06/2010 11:20 am
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I have no hesitation riding home after a few beers, no doubt I'll get flamed but I don't think a few affect me that much - you are certainly more alert/aware than when driving (I of course don't drink/drive).


 
Posted : 18/06/2010 11:21 am
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There is a strong temptation when lightly sozzled to ride very fast, because it feels even faster and is great fun. This temptation should be sternly resisted when on the public highway.

It's a small, light vehicle with a low top speed. Your potential to leave a trail of widows and orphans in your ****less wake is not particularly great. It isn't really comparable with driving a car. Personally, I don't ride home if I'm drunk, but I don't worry if I've been drinking. As long as you recognise that you're perhaps not at your sharpest and ride (even more) gently and defensively it's really not an issue. And as TJ says, it's difficult to imagine how much of an arse you'd have to be to get serious grief for it. ๐Ÿ™‚


 
Posted : 18/06/2010 11:23 am
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Funnily enough Chas, I was wondering something similar after that all too brief single pint at The Griffin, and whether arranging a more extensive sampling of the Milk Street Brewery's finest would be limited by having to pootle back to Bruton. I'll have to sort out an off-road route.


 
Posted : 18/06/2010 11:25 am
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al - I am sure I am impaired to ride after a couple of pints - like those I enjoyed on the way back from yesterdays ride. However it really unlikely you are going to hurt anyone but yourself and if you are careful and cautious?

I often have a couple of pints at lunchtime on an all day ride. its one of the things I love about riding bicycles rather than motorbikes


 
Posted : 18/06/2010 11:28 am
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That's kind of my point TJ. OK you aren't as wuick but I am riding the same route home, looking out well in advance at junctions etc. WCS is I injure myself and scratch a car.

I never ride fast in town these days, just don't see the point.


 
Posted : 18/06/2010 11:31 am
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The "impairment" is to do with the speed of your reactions as much as anything. A doubling of your reaction time (say) matters enormously at 50mph and vastly less at 10mph.

If you really can't ride a tolerably predictable straight line that's something else to my mind. ๐Ÿ™‚


 
Posted : 18/06/2010 11:32 am
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I find cars give me much more space when I'm on the way home from the pub. Can't imagine why.


 
Posted : 18/06/2010 11:45 am
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I dont know if its a law, but as a rule I always do my best urban street stylie when I've had five pints of Guiness.


 
Posted : 18/06/2010 11:47 am
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The well prepared rider will carry cocaine to sharpen the reflexes in the event of extreme inebreation.


 
Posted : 18/06/2010 12:00 pm
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As long as you have a good solicitor, who can explain the need to keep hydrated when exercising then you will be fine.


 
Posted : 18/06/2010 12:01 pm
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[url= http://www.theargus.co.uk/news/8223921.Drunk_cyclist_cautioned/ ]http://www.theargus.co.uk/news/8223921.Drunk_cyclist_cautioned/[/url]

not sure how 'bad' a police caution is in terms of work etc?


 
Posted : 18/06/2010 12:05 pm
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Just don't feel the urge to use a small kids battery powered toy car on the way back from the pub. IIRC someone got done for drunk driving in one of those!


 
Posted : 18/06/2010 12:07 pm
 Keva
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four pints is my absolute limit... anymore and it's just ridiculously dangerous for me and everyone else in the vicinity... plus my bike ends up knackered which is never good.

Kev


 
Posted : 18/06/2010 12:09 pm
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"We've suggested that he might like to put his sensible head on before mixing drinking and cycling in the future"

Excellent advice it is too. If drinking and cycling, wear your sensbile head. The one that can tell if you're too pissed or just nicely squiffy. Stay safe out there kids. ๐Ÿ™‚


 
Posted : 18/06/2010 12:10 pm
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Or indeed think that a golf buggy is a good way of getting to a motorway services to get your midnight supply of ginsters
[url= http://www.guardian.co.uk/sport/2010/feb/14/andy-powell-golf-buggy-wales ]like this[/url]


 
Posted : 18/06/2010 12:10 pm
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I'm normaly hammered once a month and have to do just under 8 miles home. Done it regularly for years now. Just follow their advice up there: hi viz, lights, take any cycle paths available.
Also take full advantage of the fact that you can pull rad tricks and try some evel knievel jumps.


 
Posted : 18/06/2010 12:12 pm
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Unfortunately my level of refreshment was so extreme last Friday (no food all day, working at Abinger Common Fair, beers, mead, beers, football, beers, shots etc) that I actually forgot that I had a bike with me at all, and didn't find it until the following afternoon. My beloved road bike, complete with Hope LED light, just left leaning in the hedge, non-locked. Would have been much better to ride it home, but since I was too confused to even remember that it was there it probably would have made for an "interesting" ride home (all quarter mile of it).


 
Posted : 18/06/2010 12:29 pm
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Isn't Surrey marvellous? ๐Ÿ˜‰


 
Posted : 18/06/2010 12:30 pm
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Follow that white dashed line in the middle of the road, that's what it is there for, or so I'm led to believe. Keeps you well away from hedges, ditches, pavements and drunks walking home from the pub. Safe as houses.


 
Posted : 18/06/2010 12:35 pm
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2 or 3 pints, 4 at a push, not a problem. Anymore than that is taking the piss a little


 
Posted : 18/06/2010 12:41 pm
 Drac
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[i]2 or 3 pints, 4 at a push, not a problem. Anymore than that is taking the piss a little [/i]

Oh errr ok I'll so 3 bottles of wine would be bad?


 
Posted : 18/06/2010 12:46 pm
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[i]3 bottles of wine would be bad?[/i]

Not sure if it's having kids or getting old but I seem to nod off after much more than half a bottle of wine now.


 
Posted : 18/06/2010 12:52 pm
 Drac
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Well yes this was before kids and which makes it before I was 30. Now I'd be fast asleep on the couch.


 
Posted : 18/06/2010 12:55 pm
 D0NK
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Hmm no drink driving with instant driving ban as far as I know but don't judges have some discretion as to punishment in drunk and disorderly or similar cases? Seem to remember the kids electric 4x4 case wasn't a straight DUI, it was D&D but as the man was such a nob and it was (just about) a vehicle on the road they gave him points/ban.

Pretty sure you'd have to be in a right state (or a beligerent arse after a couple pints) or cause a big accident to end up with anything but a telling off


 
Posted : 18/06/2010 12:56 pm
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Some of these laws are there to cater for extreme situations so the law will have some redress.

For example, if a drunk cyclist swerved, and as a result a lorry trying to avoid him ploughed into a bus queue full of blind orphans, carrying puppies then the law would be invoked.


 
Posted : 18/06/2010 1:08 pm
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Isn't Surrey marvellous?
How lucky we are!


 
Posted : 18/06/2010 1:13 pm
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i guess if you crashed into something or someone or someone hit you and they found alcohol in ur blood or on your breath they would blame that lol


 
Posted : 18/06/2010 1:20 pm
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There's a guy in the bike club I used to be a member of who lost his lower leg after being hit by a car, he'd had a few after a club run swerved messing around and bang - his fault entirely. No insurance payout sweet FA ๐Ÿ˜ณ

A high price to pay for a few beers. He still rides his bike though.


 
Posted : 18/06/2010 1:23 pm
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Other self-inflicted drunken injuries are available. ๐Ÿ™‚


 
Posted : 18/06/2010 1:30 pm
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Well, you'll all be pleased to hear I made it back ๐Ÿ˜

Good Barbie, woeful football, few ciders, great birthday cake... Rode back to town dressed up like a Xmas tree (loads hi-vis, covered in LEDs etc) no probs at all. Half-a-mile from home some drunkard in a passing car shouts at me, I get distracted, hit the kerb at speed and go skidding down the pavement on my @rse, knee and elbow. Cue torn Night-vision Endura jacket (2nd wearing thereof), torn hoody, torn (ruined) jeans and much road-rash.

That'll learn me.


 
Posted : 18/06/2010 11:03 pm
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personally have navigated down thru wharncliffe a few times with mates after a session but and its a big but..there is a very chilling and sobering memorial on a wall in the mayfield valley below ringinglow - where some guy (not known to me) didn't make the bend after a couple of beers at the norfolk arms
so i guess that it is ok if you don't over do it - you aren't likely to hurt anyone innocent (family excepted) but its not the smart way to go


 
Posted : 18/06/2010 11:10 pm
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not sure how 'bad' a police caution is in terms of work etc?

Me neither, but I'll be thinking carefully about carrying a lock knife in public again, given that's what he was actually cautioned for!


 
Posted : 19/06/2010 12:19 am
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My one rule is, after a session, don't ride home via the canal towpath, especially the twisty one you think goes straight at that section ๐Ÿ˜ณ


 
Posted : 19/06/2010 6:07 am