Leaving the car at home and cycling down to the local pub might seem like a way to avoid a drink driving charge. However under NSW laws, this could get you in trouble too.

In NSW a bicycle is considered a vehicle and as such, drink driving restrictions apply.

What is a vehicle?

A vehicle is defined in the Road Transport Act 2013 as meaning any description of vehicle on wheels. Bicycles fall within this definition and cyclists are required to obey the law, in the same way they apply to vehicles.

Could I be charged with low, mid or high range drink driving?

Low range, mid range, and high range drink driving offences specifically apply to motor vehicles and do not apply to standard bicycles.

However there is an offence of using a vehicle under the influence of alcohol. A vehicle includes a bicycle, meaning a cyclist can be charged with using or attempting to use their bicycle under the influence of alcohol or any other drug.

What is the penalty?

The maximum penalty for a first offence is $3,300 and/or 18 months imprisonment. If you are convicted for cycling while drunk, the court must also impose a mandatory disqualification period, after which you will need to complete the mandatory interlock period. The disqualification period will be between 6 to 9 months, with a 24-month interlock period afterwards.

If you have committed a previous drink driving offence in the past five years, the maximum penalty is $5,500 and/or 2 years imprisonment. The disqualification period will be between 9 to 12 months, with a 48-month interlock period.

Breath testing

The power to conduct random breath tests by police only relates to motor vehicles.

It is arguable that police have no specific power to conduct a random breath test of a cyclist, but there are provisions to collect and use blood samples if a cyclist is admitted to hospital following an accident.

Where a cyclist is admitted to hospital following a collision, a medical practitioner is under a duty to take a blood sample. The blood sample may then be used for the purpose of conducting an analysis. If the sample reflects the presence of alcohol or drugs, a criminal charge could follow.

For more information, contact us to speak to one of our criminal lawyers.

Photo by Jessica Lewis