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Cycling after a few pints or cans, is it illegal?

John Hutton

This is something I do now and again. In ye olden days when there were those things called pubs I'd stick the Brompton under the table and have a few before heading home after work on a Friday.

Never so many that I'm staggering all over the place or slurring my words. Never had any issues, just have to be conscious to be patient and not take any chances at lights and junctions.

Anyway, I was at a BBQ in a friend's garden the other evening and took my ebike. When I went to go home she insisted that I couldn't cycle it in case the Gardai stopped me, that it was illegal to cycle after drinking and because it was an ebike I could be done under motor laws for drunk driving. Anyway, she strongly insisted that I stay over and cycle home the next day when completely sober, which I did.

Pretty sure she was wrong, but what say ye? Do any of you cycle after a few pints or cans?

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KaneToad

John Hutton wrote: »

This is something I do now and again. In ye olden days when there were those things called pubs I'd stick the Brompton under the table and have a few before heading home after work on a Friday.

Never so many that I'm staggering all over the place or slurring my words. Never had any issues, just have to be conscious to be patient and not take any chances at lights and junctions.

Anyway, I was at a BBQ in a friend's garden the other evening and took my ebike. When I went to go home she insisted that I couldn't cycle it in case the Gardai stopped me, that it was illegal to cycle after drinking and because it was an ebike I could be done under motor laws for drunk driving. Anyway, she strongly insisted that I stay over and cycle home the next day when completely sober, which I did.

Pretty sure she was wrong, but what say ye? Do any of you cycle after a few pints or cans?

Sounds like she really wanted you to spend the night, OP. ðŸ˜‰

Pinch Flat

Cycling while drunk is illegal and stupid. I know someone sporting a titanium plate in their skul and someone else who spent a few days in an induced coma after coming off their bike while drunk.

Chips Lovell

From here:

Cycling While Intoxicated

What the law says:

Originally Posted by Road Traffic Act 2010
6.— (1) A person shall not, in a public place—

(a) drive or attempt to drive, or be in charge of, an animal-drawn vehicle, or

(b) drive or attempt to drive a pedal cycle,

while he or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle or cycle.

What this means:
You can't cycle while intoxicated. Also, the use of the word "intoxicant" means that the legislation covers all drugs, not just alcohol. There is no alcohol/drug limit in place, which means that Garda has to form an opinion that you are intoxicated. They are entitled to ask you to perform an impairment test.

John Hutton

Pinch Flat wrote: »

Cycling while drunk is illegal and stupid. I know someone sporting a titanium plate in their skul and someone else who spent a few days in an induced coma after coming off their bike while drunk.

There's a difference between being drunk and having had three cans (as was the case with me)

Stone Deaf 4evr

John Hutton wrote: »

There's a difference between being drunk and having had three cans (as was the case with me)

I wonder if its the same blood alcohol content as for driving a car - if so, you'd certainly be over the limit after 3 cans.

John Hutton

Chips Lovell wrote: »

From here:

Cycling While Intoxicated

What the law says:

What this means:
You can't cycle while intoxicated. Also, the use of the word "intoxicant" means that the legislation covers all drugs, not just alcohol. There is no alcohol/drug limit in place, which means that Garda has to form an opinion that you are intoxicated. They are entitled to ask you to perform an impairment test.

That's interesting, I wonder what an impairment test is? Hardly a breathalyzer?

loyatemu

Stone Deaf 4evr wrote: »

I wonder if its the same blood alcohol content as for driving a car - if so, you'd certainly be over the limit after 3 cans.

it's not, as mentioned a few posts up the Guard has to form an opinion you're intoxicated, there's no specific limit. Provided you're not weaving all over the road you're probably fine. If you are weaving all over the road they'll probably confiscate your bike.

TheBoyConor

John Hutton wrote: »

Anyway, she strongly insisted that I stay over and cycle home the next day when completely sober, which I did.

Jesus man, could you not get the hint? Perhaps she was partly right, - the drink had clearly clouded your judgement of the situation!!!:pac::D

On a serious note, you'd want to be fairly bad for the Gardai to bother with hassling you over having had a drink on a bike.
And what are they going to do with you realistically? Not like they can put points or suspend your non-existent bicycle licence, can they?

John Hutton

KaneToad wrote: »

Sounds like she really wanted you to spend the night, OP. ðŸ˜‰

Well that's blown my mind. Might not have been drunk but perhaps I'm an idiot ðŸ˜‚

TheWonderLlama

Done it loads of times myself. If you're not too drunk to stay up on a racer, you're grand.

Anyway, did you get the ride?

Chips Lovell

John Hutton wrote: »

That's interesting, I wonder what an impairment test is? Hardly a breathalyzer?

From the same act:

11.— (1) A member of the Garda Síochána, for the purposes of forming the opinion that a person in charge of a vehicle in a public place is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle, if he or she considers it would assist him or her to form such opinion, may require the person to perform in the presence of the member or another member such impairment tests, in the manner indicated, in accordance with impairment test regulations, by the member or other member in whose presence the test is to be performed.

These appear to be the latest regulations.

Lurching

What is the penalty if the Guard forms an opinion that you're twisted?
Could it effect your car license (if you have one)?

feartuath

I remember the couple of old mans bicycles outside the pub on pension day years ago.
They then walked home pushing the bike after a few bottles of Guinness.

magicbastarder

i've heard of sporadic cases of judges applying penalties to cyclist's driving licences after being found guilty of a cycling offence. seems rare enough though.

Chips Lovell

Lurching wrote: »

What is the penalty if the Guard forms an opinion that you're twisted?
Could it effect your car license (if you have one)?

No.

(b) if the offence relates to a pedal cycle, he or she is liable on summary conviction to a fine not exceeding €2,000.

Chips Lovell

My wife once gave out to me for drafting a squad car while we were cycling home from a barbecue. I may have had a few cans.

[Deleted User]

]What is the penalty if the Guard forms an opinion that you're twisted?
Could it effect your car license (if you have one)?
Heard of this argument before and also would like to know if one is caught riding a bike while intoxicated could your driving licence suffer. I do know if full licence holder is intoxicated while learner permit is driving car >>gardai state full licence holder is in charge of vehicle and can be breathalysed on the spot.

Pinch Flat

John Hutton wrote: »

There's a difference between being drunk and having had three cans (as was the case with me)

Fair enough. The second case I cited above - someone I personally know - only had a few pints before cycling home.

Captain Flaps

I was told before that if you're caught cycling drunk you can get points on your driver's license if you have one. Probably bull****.

CrankyHaus

As referred to above intoxicated is a fairly high bar; not least as you have to be acting drunk enough to come to the attention of the Gardaí in the first place. You're unlikely to reach that threshold after a pint or two.

Injuring yourself is much more likely than any encounter with the Gardaí. A better question to ask yourself would be, is it safe to cycle home after this many drinks?

tomasrojo

Stone Deaf 4evr wrote: »

I wonder if its the same blood alcohol content as for driving a car - if so, you'd certainly be over the limit after 3 cans.

I don't think it is. I think it's quite vague, and up to a Garda to decide you're intoxicated.

I don't think the e-bike means you'd come under motorised vehicle law. If it's a pedelec, I think it's legally treated as a bicycle.

loyatemu

CrankyHaus wrote: »

Injuring yourself is much more likely than any encounter with the Gardaí. A better question to ask yourself would be, is it safe to cycle home after this many drinks?

that question normally only occurs to you after you've started cycling home

tomasrojo

Captain Flaps wrote: »

I was told before that if you're caught cycling drunk you can get points on your driver's license if you have one. Probably bull****.

There was a case in Ireland of a person charged for behaviour on a bike getting points put on their driver's licence by a judge. Don't think it was related to intoxication, but can't remember the details.

oinkely

I used to cycle home from the city centre to suburbia when in college after a night out - always found the cycle lanes to be very narrow on such occasions. That would have been when i was younger and more foolhardy.

Nowadays I would still choose the bike over public transport to get me home after a few pints. I won't drive with any drink taken, but happy enough to cycle after a few pints. As other posters have said, it may not be exactly legal but I wouldn't ever be in such a state that i couldn't maintain control of the bike, and as such would be surprised if I were to be stopped by the Gardaí.

I would also occasionally take public transport to the pub, but run the 15km home at a nice easy pace. Never had a hangover when i have cycled or run home. However you do get awful hungry exercising with a few pints on board!

tomasrojo

John Hutton wrote: »

That's interesting, I wonder what an impairment test is? Hardly a breathalyzer?

Pretty strict in Austria:

Car99

John Hutton wrote: »

This is something I do now and again. In ye olden days when there were those things called pubs I'd stick the Brompton under the table and have a few before heading home after work on a Friday.

Never so many that I'm staggering all over the place or slurring my words. Never had any issues, just have to be conscious to be patient and not take any chances at lights and junctions.

Anyway, I was at a BBQ in a friend's garden the other evening and took my ebike. When I went to go home she insisted that I couldn't cycle it in case the Gardai stopped me, that it was illegal to cycle after drinking and because it was an ebike I could be done under motor laws for drunk driving. Anyway, she strongly insisted that I stay over and cycle home the next day when completely sober, which I did.

Pretty sure she was wrong, but what say ye? Do any of you cycle after a few pints or cans?

What wattage is your ebike ?

Car99

John Hutton wrote: »

This is something I do now and again. In ye olden days when there were those things called pubs I'd stick the Brompton under the table and have a few before heading home after work on a Friday.

Never so many that I'm staggering all over the place or slurring my words. Never had any issues, just have to be conscious to be patient and not take any chances at lights and junctions.

Anyway, I was at a BBQ in a friend's garden the other evening and took my ebike. When I went to go home she insisted that I couldn't cycle it in case the Gardai stopped me, that it was illegal to cycle after drinking and because it was an ebike I could be done under motor laws for drunk driving. Anyway, she strongly insisted that I stay over and cycle home the next day when completely sober, which I did.

Pretty sure she was wrong, but what say ye? Do any of you cycle after a few pints or cans?

What wattage is your ebike ?

tomasrojo

oinkely wrote: »

I would also occasionally take public transport to the pub, but run the 15km home at a nice easy pace. Never had a hangover when i have cycled or run home.

I remember walking home from town in Galway with a friend after a fair few drinks. It was pretty cold, so I decided to run to warm up, and my friend pursued me. So a squad car stopped us just as we'd crested Taylor's Hill and were heading down to Salthill. They demanded to know where were coming from. I said the top of the hill. And where we were going. I said the bottom of the hill. They looked at me blankly, and I just started running again. My friend, who seems to have been a lot more together than me, stayed slightly longer and said they seemed bemused but satisfied by this minimalist explanation.

plodder

Chips Lovell wrote: »

No.

(b) if the offence relates to a pedal cycle, he or she is liable on summary conviction to a fine not exceeding €2,000.

There would have to be a provision somewhere like the above that would allow a judge to apply penalty points to a driving license for a cycling offence. Given there are so many loopholes concerning points for driving offences, I'd be really surprised if such a provision existed. I could be wrong, but I can't find any reference to one.... which is exactly what you said. I missed the first word of the reply...

tomasrojo

tomasrojo wrote: »

There was a case in Ireland of a person charged for behaviour on a bike getting points put on their driver's licence by a judge. Don't think it was related to intoxication, but can't remember the details.

Think this was it:
Injured cyclist gets driving ban for breaking red light

http://www.independent.ie/national-news/injured-cyclist-gets-driving-ban-for-breaking-red-light-2228117.html

(So, not penalty points, but a driving ban.)