Opening a beer while riding.
#51
Tragically Ignorant
Join Date: Jun 2018
Location: New England
Posts: 15,612
Bikes: Serotta Atlanta; 1994 Specialized Allez Pro; Giant OCR A1; SOMA Double Cross Disc; 2022 Allez Elite mit der SRAM
Liked 9,103 Times
in
5,054 Posts
Reading the 'open container' and 'public intoxication' posts makes me happy to live were I'm at ... no cop has time to bug somebody for having a beer. They will take notice if you're at risk of injuring yourself or others, but simply having a beer out-and-about ... that alone isn't gonna get any cop's attention.
That being said, I think it's really almost entirely a theoretical possibility in the states where it's possible to be charged for intoxicated riding. It's really not likely to be a law enforcement priority just about anywhere.
#52
I am potato.
Join Date: Jun 2015
Location: Pacific Northwest
Posts: 3,344
Bikes: Only precision built, custom high performance elitist machines of the highest caliber. 🍆
Liked 1,877 Times
in
1,066 Posts
RCW 46.61.790
The condensed version:
You can not get a DUI on a bicycle.
The cop may offer to assist.
You don't have to accept assistance.
The cop may impound your bicycle if you are a danger, but they have to tell you where they are impounding it to, they have to give it back, & they can not charge an impound fee.
FWIW: I have a stainless bottle opener brazed on my touring bike frame. OEM. It gets used. Theres no sense being out in the boonies with your favorite beverage yearning for freedom while you helplessly stare in befuddled wonderment.
Free the beers!
The condensed version:
You can not get a DUI on a bicycle.
The cop may offer to assist.
You don't have to accept assistance.
The cop may impound your bicycle if you are a danger, but they have to tell you where they are impounding it to, they have to give it back, & they can not charge an impound fee.
FWIW: I have a stainless bottle opener brazed on my touring bike frame. OEM. It gets used. Theres no sense being out in the boonies with your favorite beverage yearning for freedom while you helplessly stare in befuddled wonderment.
Free the beers!
Likes For base2:
#53
Senior Member
Join Date: May 2016
Posts: 3,947
Bikes: Trek 1100 road bike, Roadmaster gravel/commuter/beater mountain bike
Liked 1,711 Times
in
937 Posts
In my state (NH), the DUI statute definitely applies to bicycle riders as a bicycle is defined as a vehicle, and DUI is is defined by statute as operating a vehicle on a way while intoxicated. Open container law, however, only applies to "motor vehicles", so they can't get you for beer in the bottle cage.
A quick look at Michigan law makes it appear that OWI laws don't apply to bicyclists. The bike statute defines a bike as a "device", not a vehicle, but states that the operator of the device has all of the same duties as a driver of a vehicle "except as to the provisions which by their nature do not have application." Exclusively human-powered devices are specifically defined out of the category of vehicles. The OWI statute definitely identifies the offense as operating a vehicle while intoxicated, which by definition a bicyclist cannot do as the bicycle is not a vehicle. Open container laws likewise apply only to "vehicles".
Might have been able to get him for drunken disorderly in Michigan if his riding appeared sufficiently impaired that he put someone or something at risk: "A person who is intoxicated in a public place and who is either endangering directly the safety of another person or of property or is acting in a manner that causes a public disturbance." That's a crime. They could also take him into protective custody (non-criminal) if he's drunk. If they want to be jerks about it, I think they could get him for the drunken disorderly for endangering the safety of his own bicycle if he had tested sufficiently intoxicated (statute doesn't specify it has to be someone else's property).
A quick look at Michigan law makes it appear that OWI laws don't apply to bicyclists. The bike statute defines a bike as a "device", not a vehicle, but states that the operator of the device has all of the same duties as a driver of a vehicle "except as to the provisions which by their nature do not have application." Exclusively human-powered devices are specifically defined out of the category of vehicles. The OWI statute definitely identifies the offense as operating a vehicle while intoxicated, which by definition a bicyclist cannot do as the bicycle is not a vehicle. Open container laws likewise apply only to "vehicles".
Might have been able to get him for drunken disorderly in Michigan if his riding appeared sufficiently impaired that he put someone or something at risk: "A person who is intoxicated in a public place and who is either endangering directly the safety of another person or of property or is acting in a manner that causes a public disturbance." That's a crime. They could also take him into protective custody (non-criminal) if he's drunk. If they want to be jerks about it, I think they could get him for the drunken disorderly for endangering the safety of his own bicycle if he had tested sufficiently intoxicated (statute doesn't specify it has to be someone else's property).
#54
Senior Member
Join Date: May 2016
Posts: 3,947
Bikes: Trek 1100 road bike, Roadmaster gravel/commuter/beater mountain bike
Liked 1,711 Times
in
937 Posts
FWIW I usually carry a Swiss Army-style pocket knife with me and the flat screwdriver bit also doubles as a bottle opener, so I'm good to go. If I don't carry it with me on my bike, I do have a Leatherman-type utility tool which I'm sure I could get that bottle open somehow.
#55
Senior Member
In the UK you can be fined for cycling under the influence up to £1000 and if you're endangering others potentially up to £2500 but most of these instances you'd probably be offered community service instead unless it was a serious offence.
It can't affect your driving licence as you don't need a licence to ride a bicycle so whilst I've often had the wish I could cycle past a speed camera at beyond the legal limit it again isn't an offence as the speed limits only apply to vehicles you need a licence for.
Not sure how this would apply to things like red lights and cycling through them.
I'd not be a fan of trying to open / drink a beer whilst cycling as you may spill some .... and that'd be a serious waste
It can't affect your driving licence as you don't need a licence to ride a bicycle so whilst I've often had the wish I could cycle past a speed camera at beyond the legal limit it again isn't an offence as the speed limits only apply to vehicles you need a licence for.
Not sure how this would apply to things like red lights and cycling through them.
I'd not be a fan of trying to open / drink a beer whilst cycling as you may spill some .... and that'd be a serious waste
#56
Senior Member
Join Date: Jun 2014
Location: Ontario, Canada
Posts: 4,626
Bikes: iele Latina, Miele Suprema, Miele Uno LS, Miele Miele Beta, MMTB, Bianchi Model Unknown, Fiori Venezia, Fiori Napoli, VeloSport Adamas AX
Liked 934 Times
in
646 Posts
In the UK you can be fined for cycling under the influence up to £1000 and if you're endangering others potentially up to £2500 but most of these instances you'd probably be offered community service instead unless it was a serious offence.
It can't affect your driving licence as you don't need a licence to ride a bicycle so whilst I've often had the wish I could cycle past a speed camera at beyond the legal limit it again isn't an offence as the speed limits only apply to vehicles you need a licence for.
Not sure how this would apply to things like red lights and cycling through them.
I'd not be a fan of trying to open / drink a beer whilst cycling as you may spill some .... and that'd be a serious waste
It can't affect your driving licence as you don't need a licence to ride a bicycle so whilst I've often had the wish I could cycle past a speed camera at beyond the legal limit it again isn't an offence as the speed limits only apply to vehicles you need a licence for.
Not sure how this would apply to things like red lights and cycling through them.
I'd not be a fan of trying to open / drink a beer whilst cycling as you may spill some .... and that'd be a serious waste
When I first saw that video of those riders with the glass bottles I thought about the mess they'd make of the riders in the event of a crash.
Cheers
#57
Tragically Ignorant
Join Date: Jun 2018
Location: New England
Posts: 15,612
Bikes: Serotta Atlanta; 1994 Specialized Allez Pro; Giant OCR A1; SOMA Double Cross Disc; 2022 Allez Elite mit der SRAM
Liked 9,103 Times
in
5,054 Posts
Does your state define bicycle as a vehicle? I think most do, but there are exceptions.
#59
Senior Member
I don't really need a bottle opener, since I always have lots of things with me that I can use to open a bottle - a swiss knife, a multi tool, a mini pump, a lighter etc; and even if I wouldn't have any of these things, I could always use the pedals on my bike. The skill to open a bottle with any hard-edged object comes in handy often
#61
working on my sandal tan
Join Date: Aug 2011
Location: CID
Posts: 22,670
Bikes: 1991 Bianchi Eros, 1964 Armstrong, 1988 Diamondback Ascent, 1988 Bianchi Premio, 1987 Bianchi Sport SX, 1980s Raleigh mixte (hers), All-City Space Horse (hers)
Liked 2,600 Times
in
1,593 Posts
Likes For ThermionicScott:
#63
Senior Member
Yes, done most of those or equivalents (wide array of tools and cutlery ). I haven't used a coin or a bill, although I have used a folded sheet of paper which in principle works the same as a bill. Some objects I've used that weren't featured in that video - a lighter (very often), a comb, a mobile phone, and a brim of a cap.
#64
Senior Member
Join Date: Jul 2016
Location: Groningen
Posts: 1,308
Bikes: Gazelle rod brakes, Batavus compact, Peugeot hybrid
Liked 1,002 Times
in
767 Posts
Yes, done most of those or equivalents (wide array of tools and cutlery ). I haven't used a coin or a bill, although I have used a folded sheet of paper which in principle works the same as a bill. Some objects I've used that weren't featured in that video - a lighter (very often), a comb, a mobile phone, and a brim of a cap.
Anyway, you can safely saber a bottle of champaign while riding, just don't interfere with the moving parts. Something very basic went wrong in this video.
#65
Senior Member
Why not just wait until you get home to have a beer? Are you in such a need of a beer that you can't wait that long? If so, I'd
recommend a meeting at the nearest AA clinic. Also, it IS illegal to drink and bike outside as he was doing; it's called PUBLIC INTOXICATION.
Anyhow, I believe a true lover of biking enjoys biking for biking itself.
recommend a meeting at the nearest AA clinic. Also, it IS illegal to drink and bike outside as he was doing; it's called PUBLIC INTOXICATION.
Anyhow, I believe a true lover of biking enjoys biking for biking itself.
#66
meh
Join Date: Jul 2014
Location: Hopkins, MN
Posts: 4,726
Bikes: 23 Cutthroat, 21 CoMotion Java; 21 Bianchi Infinito; 15 Surly Pugsley; 11 Globe Daily; 09 Kona Dew Drop; 96 Mondonico
Liked 1,072 Times
in
533 Posts
Why not just wait until you get home to have a beer? Are you in such a need of a beer that you can't wait that long? If so, I'd
recommend a meeting at the nearest AA clinic. Also, it IS illegal to drink and bike outside as he was doing; it's called PUBLIC INTOXICATION.
Anyhow, I believe a true lover of biking enjoys biking for biking itself.
recommend a meeting at the nearest AA clinic. Also, it IS illegal to drink and bike outside as he was doing; it's called PUBLIC INTOXICATION.
Anyhow, I believe a true lover of biking enjoys biking for biking itself.
Last edited by Hypno Toad; 11-07-19 at 01:07 PM.
#67
Senior Member
Join Date: Jul 2016
Location: Groningen
Posts: 1,308
Bikes: Gazelle rod brakes, Batavus compact, Peugeot hybrid
Liked 1,002 Times
in
767 Posts
If so, I'd recommend a meeting at the nearest AA clinic. Also, it IS illegal to drink and bike outside as he was doing; it's called PUBLIC INTOXICATION.
Anyhow, I believe a true lover of biking enjoys biking for biking itself.
Likes For Stadjer:
#68
working on my sandal tan
Join Date: Aug 2011
Location: CID
Posts: 22,670
Bikes: 1991 Bianchi Eros, 1964 Armstrong, 1988 Diamondback Ascent, 1988 Bianchi Premio, 1987 Bianchi Sport SX, 1980s Raleigh mixte (hers), All-City Space Horse (hers)
Liked 2,600 Times
in
1,593 Posts
Why not just wait until you get home to have a beer? Are you in such a need of a beer that you can't wait that long? If so, I'd
recommend a meeting at the nearest AA clinic. Also, it IS illegal to drink and bike outside as he was doing; it's called PUBLIC INTOXICATION.
Anyhow, I believe a true lover of biking enjoys biking for biking itself.
recommend a meeting at the nearest AA clinic. Also, it IS illegal to drink and bike outside as he was doing; it's called PUBLIC INTOXICATION.
Anyhow, I believe a true lover of biking enjoys biking for biking itself.
Likes For ThermionicScott:
#69
Tragically Ignorant
Join Date: Jun 2018
Location: New England
Posts: 15,612
Bikes: Serotta Atlanta; 1994 Specialized Allez Pro; Giant OCR A1; SOMA Double Cross Disc; 2022 Allez Elite mit der SRAM
Liked 9,103 Times
in
5,054 Posts
Why not just wait until you get home to have a beer? Are you in such a need of a beer that you can't wait that long? If so, I'd
recommend a meeting at the nearest AA clinic. Also, it IS illegal to drink and bike outside as he was doing; it's called PUBLIC INTOXICATION.
Anyhow, I believe a true lover of biking enjoys biking for biking itself.
recommend a meeting at the nearest AA clinic. Also, it IS illegal to drink and bike outside as he was doing; it's called PUBLIC INTOXICATION.
Anyhow, I believe a true lover of biking enjoys biking for biking itself.
Likes For livedarklions:
#70
working on my sandal tan
Join Date: Aug 2011
Location: CID
Posts: 22,670
Bikes: 1991 Bianchi Eros, 1964 Armstrong, 1988 Diamondback Ascent, 1988 Bianchi Premio, 1987 Bianchi Sport SX, 1980s Raleigh mixte (hers), All-City Space Horse (hers)
Liked 2,600 Times
in
1,593 Posts
Likes For ThermionicScott:
Likes For FiftySix:
#72
Senior Member
Join Date: Jul 2016
Location: Groningen
Posts: 1,308
Bikes: Gazelle rod brakes, Batavus compact, Peugeot hybrid
Liked 1,002 Times
in
767 Posts
Likes For Stadjer:
#73
Cycleway town