The Law Offices of James M. Freeman, P.C.

The case People v. Schaefer, 654 N.E.2d 267, 274 Ill.App.3d 450, 210 Ill.Dec. 968 (2nd Dist. 1995) addressed the issue of whether or not an individual riding a bicycle subject to the DUI provisions of the Illinois Vehicle Code. Schaefer was pulled over by police while riding his bicycle. He exhibited signs of intoxication, but refused to submit to BAC testing. He was charged with certain violations of Illinois DUI laws. The trial court granted Schaefer's motion to dismiss and threw out the DUI charges against Schaefer. The State appealed the trial court's ruling. On appeal the State argued that Schaefer was subject to the DUI provisions of the Illinois Vehicle Code. Their argument was based on the language of 625 ILCS 5/11-1502 which reads as follows:

Sec. 11-1502. Traffic laws apply to persons riding bicycles. Every person riding a bicycle upon a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Code, except as to special regulations in this Article XV and except as to those provisions of this Code which by their nature can have no application.

The Illinois Vehicle Code provides, in relevant part, that, "A person shall not drive or be in actual physical control of any vehicle within this State while... (2) Under the influence of alcohol." To be clear, the language of the code requires that one be in control of a vehicle.

The State mistakenly assumed that a bicycle is a vehicle, and therefore is subject to the DUI provisions of Chapter 11, however, a more detailed review of the Vehicle Code would reveal the proper definitions and distinctions of a bicycle and a vehicle. A bicycle is defined as "Every device propelled by human power upon which any person may ride, having two tandem wheels except scooters and similar devices." 625 ILCS 5/1-106 Conversely, a Vehicle is defined as "Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway or requiring a certificate of title under Section 3-101(d) of this Code, except devices moved by human power..." 625 ILCS 5/1-217 The Court reasoned that since human powered devices are not vehicles, bicycles are exempt from the DUI provisions of Chapter 11.

Some jurisdictions specifically exempt bicycles from their DUI/DWI laws based on the rationale that it would be much better for people to ride their bikes home from the bar than to drive. Justice Hutchinson seemed to allude to this point when he reasoned that, "The threat of an intoxicated bicyclist is somewhat less imposing than the threat of an intoxicated driver of a vehicle. This is attributable to the greater force, weight, and speed of a vehicle. Nevertheless, bicyclists who drive under the influence of alcohol pose some threat to the public safety. Even so, the statutes as they are written do not criminalize the behavior of a bicyclist who is driving while under the influence of alcohol." Schaefer, 274 Ill.App.3d 452.

In the end, Schaefer was not convicted of DUI, but don't think that makes cyclists above the law when it comes to related offenses. Even if cyclists aren't subject to DUI laws, they are subject to open container and public intoxication prohibitions, so don't think you're going to cruise around with an open beer while making a scene thinking that no alcohol related charges will stick because that simply isn't the case. You could be charged with an open container and public intoxication or disorderly conduct, and that will cost you some money at the very least.