If you’ve had a few drinks and are thinking about biking home instead of driving, you might be wondering: Can you get a DUI on a bike in Maryland? It’s a smart question—and the answer isn’t as simple as you might think.
Maryland DUI Laws: What Counts as a “Vehicle”?
Under Maryland Transportation Code § 21-902, DUI (Driving Under the Influence) and DWI (Driving While Impaired) charges apply to drivers of motor vehicles. According to § 11-135, a bicycle is not classified as a motor vehicle under Maryland law.
That means if you’re riding a pedal-powered bicycle, you cannot be charged with DUI or DWI under Maryland’s drunk driving statutes—because those laws don’t apply to non-motorized vehicles.
So, Is It Legal to Ride a Bike While Drunk?
Just because Maryland law doesn’t treat a bicycle as a motor vehicle for DUI purposes doesn’t mean riding drunk is risk-free.
While you can’t be charged with DUI on a bike, you could still face other legal consequences if you’re intoxicated while riding:
1. Public Intoxication
If you’re acting disorderly or putting yourself or others at risk, you could be charged with public intoxication under Maryland Criminal Code § 10-201. This is especially true if you’re weaving through traffic, riding on sidewalks, or drawing attention to your behavior.
2. Disorderly Conduct or Reckless Endangerment
If your biking behavior disrupts traffic or endangers pedestrians, police may charge you with disorderly conduct, reckless endangerment, or even obstruction of traffic.
What About E-Bikes and Scooters?
This is where things get tricky. Electric bikes, mopeds, and motorized scooters can fall under Maryland’s definition of a “motor vehicle” depending on their power and design. If you’re operating a Class M motorized vehicle (like some e-scooters or mopeds) while intoxicated, then DUI laws do apply.
If the device has:
- An electric motor capable of speeds over 20 mph
- The ability to operate without pedaling
- Or if it is registered as a motor vehicle
…then riding it drunk could absolutely lead to a DUI or DWI charge.
Consequences for Intoxicated Riding
Even if you’re not charged with DUI, being arrested for public intoxication, disorderly conduct, or another related charge can still lead to:
- Fines
- Criminal record
- Possible jail time
- Disruption to employment or security clearances
And if you’re under 21, Maryland’s zero tolerance laws for alcohol could also lead to MVA consequences—even if you weren’t behind the wheel of a car.
Know Your Rights—and Your Risks
If you’ve been charged with any alcohol-related offense—whether it involves a car, a bicycle, or even walking down the street—you need to take it seriously. These cases can affect your license, your record, and your future.
At Southern Maryland Criminal Defense, we represent clients in Charles, Prince George’s, Calvert, and St. Mary’s Counties facing all kinds of alcohol-related offenses—from traditional DUIs to public intoxication and more.
Charged with an alcohol-related offense?
Schedule your free consultation today.
