A bicyclist can’t be convicted for DUI in Washington. In The City of Montesano v. Wells, 79 Wash.App. 529, 902 P.2d 1266 (1995), the Washington Court of Appeals held that DUI laws do not apply to bicyclists, but only to those who drive a motor vehicle. RCW 46.61.502(1) states that “A person is guilty of driving while under the influence of intoxicating liquor, marijuana, or any drug if the person drives a vehicle [emphasis added] within this state”. In Wells, the Court of Appeals held that although a bicycle is considered a vehicle, it is clear from legislative intent, statutory interpretation and public policy considerations that DUI law in Washington was not intended to apply to bicyclists.

Based on Wells, the DUI law in Washington is only applicable to those who drive a “motor vehicle”. So what constitutes a “motor vehicle”? The term is clearly defined under RCW 46.04.320 which states as follows:

“Motor vehicle” means every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. “Motor vehicle” includes a neighborhood electric vehicle as defined in RCW 46.04.357. “Motor vehicle” includes a medium-speed electric vehicle as defined in RCW 46.04.295. An electric personal assistive mobility device is not considered a motor vehicle. A power wheelchair is not considered a motor vehicle. A golf cart is not considered a motor vehicle, except for the purposes of chapter 46.61 RCW.

Washington DUI laws tempt one to ride a bicycle rather a “motor vehicle” to the bar. Let’s give Washington credit for encouraging environmentally sound policy (less cars and more bicycles). Intoxicated bicyclists may however still be cited for other offenses such as assault if they for instance run over someone. It is also important to note that bicyclists are still required to obey traffic laws. See RCW 46.61.755.

Talking about sound policies, whatever happened to our environmentally revolutionary and legally rebellious neighbor, Oregon, one would have thought that Oregon would be the first state to legalize marijuana. But Washington took away Oregon’s “coolness” factor by being the first state, along with Colorado, to legalize marijuana. Interestingly, one will note that in citing RCW 46.61, 502(1), the term “marijuana” is included in Washington’s DUI statute. The DUI attorneys in Washington now specifically make operating a motor vehicle under the influence of marijuana a crime. But, I assume that under Washington’s DUI laws, based on a reasonable interpretation of Wells, one doesn’t have to worry about riding a bicycle under the influence of marijuana either.

Getting back to Oregon’s lack of coolness, not only is it illegal to smoke marijuana, it is also a criminal offense under the state’s laws to ride your bicycle under the influence of either alcohol or marijuana. Under ORS 813.010 of Oregon’s statutes, operating a vehicle under the influence of alcohol or marijuana is a criminal offense. Under ORS 814.400, a bicycle is classified as a vehicle to which DUI laws apply.

So remember, if you are a bicyclist in Vancouver, Washington or anywhere in Washington for that matter and are high on marijuana or have consumed too much alcohol, do not cross the interstate bridge on the Columbia River into Portland. In a previous blog post, I discussed how a driver could be convicted of DUI in both Washington and Oregon for a single act of driving a motor vehicle within both states. But when it comes to bicyclists, they can only be convicted of DUI in Oregon and not in Washington. So if you are riding your bicycle in Washington somewhere near the Oregon border and become paranoid that the DUI patrol is after you, do not attempt to escape into Oregon because that is where they will really get you for DUI. Of course, if you are not in your senses, my advice may be senseless. If You Can’t Come To Us, Washington DUI Lawyer will Defend You Where You Live