After you’ve had a few drinks, getting behind the wheel of a car is one of the most dangerous things you can do. As such, you might think that hopping your bike is a much safer—and more lawful—option. However, while you may not go to jail while riding a bike while intoxicated, you are putting yourself at risk of serious injury. Here’s what you need to know—
Is It Legal to Ride a Bicycle While Intoxicated?
The laws in Massachusetts afford bicyclists the same rights and responsibilities as motor vehicles, which means that they are bound to the same rules and regulations. However, when it comes to Operating Under the Influence (OUI) specifically, the law is written to read that it is unlawful for someone to operate a motor vehicle while under the influence, and a motor vehicle is defined as “all vehicles constructed and designed for propulsion by power other than muscular power.” Examples of motorized vehicles provided by the Commonwealth include automobiles, vans, trucks, buses, motorcycles, and motorized scooters.
The Risks of Intoxicated Riding
While you may be able to avoid an OUI arrest when riding your bike while intoxicated, there are other risks of which to be aware. When you are intoxicated, your mental and physical response times are impaired and reduced, which means you are at a greater risk of being involved in an accident either through poor judgment or delayed reaction. Bike accidents can lead to serious injuries, including head injuries, internal injuries, broken bones, spinal cord injuries, and lacerations and bruises.
In some cases, police may apprehend you to take you into protective custody if you are creating a risk to yourself or others. While public intoxication is also not a crime in Massachusetts, disorderly conduct is. You could be arrested and charged with disorderly conduct if you are creating a hazard to public safety.
What to Do If You’re Arrested
If you are arrested while riding your bike while intoxicated in Massachusetts, it’s critical that you understand the law and your rights. First, there is no law prohibiting riding a bike while under the influence. Nor is there a law on public intoxication in Massachusetts. As such, unless you are being charged with disorderly conduct or another related offense, the police likely have no grounds to hold you. Your attorney will help you to understand your rights and how you can protect your best interests during a criminal case.
Call The Law Office of Paul R. Moraski Today
To learn more about riding a bicycle drunk in Massachusetts and your rights when publicly intoxicated and arrested, call The Law Office of Paul R. Moraski directly. Attorney Paul Moraski will advocate for you and make sure that you have the best defense possible. Reach us online or call directly at (978) 397-0011 today.