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Nevada's DUI Laws and How They Apply to Bicycles
Nevada DUI law is outlined in NRS 484C.110; however, it applies only to motor vehicles. Bicycles, not being motor vehicles, can not face DUI charges for cycling while intoxicated but can instead face reckless endangerment charges under NRS 202.595. These charges can carry maximum penalties of:
- 364 days in jail
- Fines up to $2,000
Aside from criminal charges, an intoxicated cyclist could face civil liability for any damages they may cause; for example, if an intoxicated bicyclist fails to yield for a pedestrian crossing the street and hits them, knocking them to the ground and causing injuries, the cyclist could be sued as well as charged.
In such cases, where civil liability is involved, contacting a Las Vegas bicycle accident attorney from The Rodney Okano Car Accident Lawyer Law Firm is recommended.
The Legal Definition of a "Vehicle" Under Nevada Law
NRS484A.320 defines a "vehicle" as every device by which a person or property may be transported on a highway, excluding devices moved by human power, which directly exempts traditional bicycles from the standard Nevada DUI laws that apply to motor vehicles.
This definition is crucial to knowing why DUI laws don't apply to bicycles in Nevada.
Why Bicycles Fall Under a Legal Gray Area
Under NRS 484B.763, bicycles are classified as vehicles and have the same rights and duties as drivers of motor vehicles, yet NRS 484C.110 DUI provisions were drafted with motor vehicles in mind and apply to such, leaving drunk biking in a legal gray area that could result in the law being inconsistently applied.
This legal gray area is a reason why cycling under the influence is often ignored by law enforcement unless an egregious or reckless act is committed.
Is Biking Under the Influence a DUI in Nevada?
Under Nevada law, cycling under the influence doesn't qualify as a traditional DUI, since DUI offenses are specific to motor vehicles. However, drunk biking can still result in serious charges, including:
- Reckless endangerment charges
- Public intoxication violations
These charges are typically treated as a gross misdemeanor but can escalate to a felony, with increased penalties, if it's a subsequent offense or if substantial bodily harm is involved.
The Difference Between a DUI Charge and a Cycling Under the Influence Charge
Under Nevada law, a DUI charge under NRS 484C.110 applies exclusively to motor vehicles, while cycling under the influence falls under NRS 202.595, which is a reckless endangerment statute.
Additionally, drunk biking carries lighter penalties, lacking the jail time and license suspension tied to standard motor vehicle DUI cases.
What Constitutes Drunk Biking in Nevada?
In Nevada, drunk biking occurs when an intoxicated cyclist operating a bicycle commits an act that could be seen as a willful or wanton disregard for the safety of people and/or property.
This greatly differs from drunk driving, which occurs when a vehicle driver has a blood alcohol concentration of 0.08% or higher.
Blood Alcohol Concentration (BAC) Limits for Cyclists
In Nevada, there are no BAC limits set for cyclists, unlike other road users who are held to a 0.08% BAC standard. Instead, drunk biking is gauged on whether the cyclist committed an act that endangers those around them.
Behaviors That May Indicate Intoxication While Cycling
Erratic weaving, failure to signal turns, and sudden stops are key red flags officers look for. Other behaviors include:
- Riding into oncoming traffic
- Ignoring traffic signals
- Inability to maintain balance
Frequently Asked Questions About Bicycle DUIs in Nevada
Does a Drunk Biking Charge Appear on a Criminal Record?
If you are convicted of reckless endangerment while being intoxicated on a bicycle, that criminal offense could remain on your record forever, unless you petition to have it sealed.
Is Riding an Electric Bicycle Under the Influence Treated Differently?
Riding an electric bicycle under the influence falls under the same legal gray area as normal bicycles, meaning e-bikes don't have set DUI laws and charges of riding an e-bike intoxicated are mostly related to public intoxication or reckless endangerment.
Does Nevada Treat Drunk Skateboarding or Scooter Riding Similarly to Drunk Biking?
Nevada law does treat intoxicated skateboard or scooter riding similarly to drunk biking in that there are no specific DUI laws targeted toward drunk skateboarding or scootering.
What Should You Do If You Are Stopped by Police While Cycling and Have Been Drinking?
If stopped by police while cycling after drinking, remain calm and cooperate. You have the right to remain silent beyond providing basic identification. Avoid making statements that could be used against you, as anything you say may be used as evidence. Consider consulting a Las Vegas defense attorney afterward to understand your rights and any potential charges you may face.
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Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
