Can You Get a DUI on a Bike in WV?

Can you drink and ride a bicycle in West Virginia? The answer is yes, but it is not a good idea.


In West Virginia, the same legal limit for blood-alcohol content (BAC) applies to a person operating a bike as it does to someone driving a car: 0.08%. That means that if you're riding your bicycle while over the legal limit, you can be charged with driving under the influence (DUI).

Motorists and Cyclists

Although bicyclists who are legally drunk can't be found guilty of DUI, they still may face charges related to public intoxication. If your BAC is over 0.08%, and police officers believe you are visibly impaired, you could be arrested and charged with public intoxication or disorderly conduct.

Whether or not you get convicted for either offense depends on how much alcohol was consumed and how severely it affected your ability to safely handle the bike. In other words, if officers think that you're pedaling dangerously or in an otherwise dangerous manner, then they could actually arrest and charge you with reckless driving or other serious offenses like endangering others on purpose.

How To Avoid a DUI

The best way to stay safe while out on your bicycle is always avoid operating it while intoxicated. There are far too many risks of injury or worse involved when drinking and riding – both for yourself and for people who may encounter you on the roadway. Instead of risking serious penalties like incarceration or fines, just leave the bike at home after having one too many drinks.

Trusted Counsel

The Wagner Law Firm can provide the legal support individuals need after a DUI arrest. Attorney Wagner serves the community by providing premiere legal guidance backed by experience and extensive knowledge of the legal system. As a former prosecutor, Attorney Wagner has unique insight into the criminal justice system and trial process that he can put toward each client’s case.

Contact The Wagner Law Firm today to learn more.