Can You Get a DUI on a Bicycle in Illinois?

Driving under the influence of drugs or alcohol can be extremely dangerous, but in Illinois, a DUI does not apply to most cyclists as it may for motor vehicle drivers. Pedal-powered bikes are not classified as motor vehicles, so they do not fall under the jurisdiction of DUI laws. So, can you get a DUI on a bicycle in Illinois? In most cases, the answer is no.

However, you can still experience serious consequences if you engage in reckless driving, disorderly conduct, or other charges while under the influence on a bike. Although the Illinois statute 625 ILCS 5/11-501 does not consider a non-motor bicycle as a vehicle for DUI charges, impaired riding can still lead to citations, public intoxication arrests, or liability in a civil lawsuit after an accident.

If you are involved in a bicycle accident, whether there is drunk biking involved or not, Chicago Bike Injury Lawyers can stand by your side during the claims process. We can provide experienced legal guidance and vast knowledge of Chicago bicycle laws and resources.

Cyclist stopped by police officer on an Illinois street for suspected DUI

Is Drunk Biking a Criminal Offense Under Illinois DUI Laws?

The DUI statute outlines state definitions for motor vehicles and what constitutes a DUI. This law focuses on cars and trucks operated on public roads, so a standard bicycle without a motor is not included.

However, e-bikes and motor-assisted bicycles could qualify for a DUI charge if an impaired rider is operating the vehicle. Eligibility for a DUI will depend on the class and power level of the bike. Those who operate motorcycles, mopeds, or high-powered e-bikes could be subject to criminal charges for riding while intoxicated or under the influence of drugs.

For example, a low-speed electric scooter may be considered a motor vehicle and could lead to a DUI under state law 625 ILCS 5/11-1518. An intoxicated person can put another’s life in danger if they cause an accident.

Can Electric Bicycle Riders Face DUI Charges in Illinois?

Under Illinois statute 625 ILCS 5/1-140.10, e-bikes can be organized into three classes depending on their capabilities and power levels. A class 1 e-bike has a motor that only assists while the rider is pedaling up to 20 mph. Riding while impaired on this type of e-bike cannot result in DUI charges.

Class 2 and 3 e-bikes are powerful enough to fall under the jurisdiction of the DUI laws, so riders will be treated similarly to any other driver. If you are unsure which e-bike accidents could lead to DUI concerns due to alcohol or drugs, our attorneys can provide clarification.

What Other Charges and Potential Penalties Can Bicyclists Face When Riding Under the Influence?

Even though alcohol and drugs are common causes of bicycle accidents, they usually do not result in DUIs for the riders. However, you could be subject to other legal penalties and consequences, including:

Being publicly intoxicated under local ordinances
Reckless conduct for endangering others (720 ILCS 5/12-5)
Disorderly conduct for erratic or unsafe behavior in traffic, such as ignoring a stop sign
A driver’s license suspension for motorized bikes
A traffic ticket for violating the same traffic laws that other motorists must follow, such as ignoring red lights
Civil liability if you were impaired and caused injuries to a pedestrian or property damage

Cook County

Cook County’s municipal codes apply to unincorporated areas of the county. Cities such as Oak Park, Schaumburg, Skokie, and Cicero enforce their own city ordinances governing bicycle operation.

Kane County

In Kane County, municipal codes apply only to unincorporated areas. Incorporated cities like Aurora and Elgin follow their own municipal codes.

DuPage County

DuPage County ordinances also regulate unincorporated areas, while cities such as Naperville and Wheaton enforce their own municipal laws.

Will County

Will County has established municipal codes for bikers in unincorporated regions. Cities, including Joliet and Bolingbrook, follow their own codes.

Kendall County

Kendall County has its own code of ordinances that apply mainly to unincorporated areas, though parts of Yorkville are subject to its regulations.

Winnebago County

Winnebago County municipal codes govern unincorporated areas, while the city of Rockford operates under its own municipal code.

Sangamon County

The Sangamon County code of ordinances is separate from cities’ own municipal ordinances, such as Springfield.

Peoria County

Municipal codes in the county of Peoria apply to unincorporated areas, while the city of Peoria maintains its own code.

Lake County

Lake County is home to numerous unincorporated regions that follow the county ordinances. Cities such as Waukegan follow their own municipal codes.

Champaign County

The local codes in Champaign County apply to unincorporated areas, while the city of Champaign is governed by its own municipal code.

What If the Drunk Bicyclist Is Only Partially At Fault for a Motor Vehicle Accident?

An important question you might face after a collision is “How does comparative fault impact bicycle accident claims?” If the intoxicated human was only partially at fault, can they be held liable for the entirety of the accident?

Fortunately, the Illinois comparative negligence law (735 ILCS 5/2-1116) provides some answers. If various parties are at fault for violating traffic laws or drunk driving, fault can be shared. The percentage of fault will help determine your eligibility for compensation. You must be no more than 50% at fault for the consequences of an accident to be eligible for legal damages.

Overcoming a strong defense can be challenging for personal injury claims, but our attorneys can help bicycle riders gather evidence.

Illinois police vehicle with flashing lights near a stopped bicyclist

Preventing Bicycle DUIs

Bicyclists must obey the same traffic laws as other drivers, but for DUI purposes, the standards are slightly different. While most cyclists cannot be charged with a DUI, they could still receive traffic tickets, disorderly conduct charges, or other criminal offenses for riding while drunk.

The best way to avoid any traffic offense if you are drunk is to use public transit vehicles or rideshares, or consider walking instead. It is better to avoid a misdemeanor or felony on your biking or driving record.

At Chicago Bike Injury Lawyers, we believe in protecting the rights of injured cyclists and pedestrians. Our goal is to educate the public about DWIs, DUIs, and other charges related to alcohol and drugs to make our roads safer. If you have been injured in this type of collision, we have the experience to establish liability and fight for every dollar you deserve from the at-fault person.

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