Have you ever considered riding your bicycle after having a few drinks? Are police able to breath test you?

Firstly, it is probably not a great idea to ride your bicycle after consuming alcohol and you may be committing an offence. When driving a car with a blood alcohol reading of 0.05, the risk of an accident doubles. Intuitively, it is probably higher on a bicycle.

However, the legal position in relation to breath tests is clear. In short, you cannot be randomly breath tested in the same way you can when driving a car.

Not a ‘motor vehicle’

The power to conduct random breath tests is provided for in Schedule 3 of the Road Transport Act 2013.  Section 3 provides that a police officer can require a person to submit to a breath test if they are driving a ‘motor vehicle’. A “motor vehicle” is a vehicle that is “propelled by a motor that forms part of the vehicle”.  Accordingly, a bicycle does not fall under the provisions that allow for random breath testing.  The same applies for random fluid testing for drugs.

After an Accident or Riding Under the Influence

However, there are powers to require blood samples to be taken after an accident involving a motor vehicle or any “vehicle”.  A vehicle includes a bicycle under the legislation.  Therefore if you are involved in an accident and taken to hospital, you may be required to provide a blood sample to be subsequently tested.

Although you cannot be charged with low, mid, or high range drink driving when riding a bicycle (as these only apply to driving a motor vehicle), a person can be charged with using a vehicle under the influence of alcohol or drug when riding a bicycle, section 112 of the Road Transport Act 2013.  This carries a maximum penalty of 9 months imprisonment and disqualification from driving for 12 months.

Riding under the influence doesn’t necessary require a positive blood test. As an extreme example, if police make observations of you riding your bike with a half empty bottle of vodka in one hand, slurred speech and watery eyes, swerving across the road, and then you make admissions to drinking, that is probably enough to make out the charge.

Therefore although there are limits on being breath tested, by riding a bicycle after consuming alcohol you may be committing the offence of riding under the influence, a criminal offence.

* This article is information only and should not be substituted or construed as legal advice.

Photo by Vadim B