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You cannot be charged with an operating while intoxicated (OWI) offense for riding a traditional bicycle in Wisconsin. Wisconsin state law outlines that OWI laws specifically apply to motor vehicles, not human-powered bikes. However, intoxicated biking could lead to charges for disorderly conduct, reckless endangerment, or public intoxication if the rider was substantively disruptive or their biking led to the harm of a person.
If you’ve ever chosen to ride your bike home instead of driving after a night out, you may be wondering whether it’s against the law to operate a bike while intoxicated. In Wisconsin, the short answer is no. You cannot be charged with an OWI (operating while intoxicated) in Wisconsin for riding a traditional bike while intoxicated by alcohol or drugs.
However, the short answer is not the end of the story. There are several important distinctions under Wisconsin law regarding bicycles, electric bikes, electric scooters, mopeds, and motorcycles. Even in situations where OWI or DUI laws don’t apply, you may still be subject to other criminal charges such as if your actions led to the harm of another.
You cannot be convicted of an OWI in Wisconsin for intoxicated operation of a traditional bike, and you should not be convicted of an OWI in Wisconsin for intoxicated operation of an electric bike. Because electric bikes are somewhat new in the legal realm (within the last few decades), the rules surrounding specific electric vehicles are a bit more nuanced. In the past, Wisconsin case law indicated that an electric bike was a motor vehicle for OWI purposes if it was self-propelled instead of pedaled. As such, an electric bike operating without any pedaling could constitute OWI charges, while an electric bike operating with pedaling could not
In recent years, the legislature has clarified that “electric bicycles” and electric bikes are different from motor vehicles, and specifically clarified that motor vehicles do not include electric bicycles. Instead, an electric bike should be considered a motor vehicle to the same extent as a bicycle is. So, an electric bike cannot create the factual basis for an OWI charge. Similar to traditional bikes, there are no electric bike-specific OWI laws.
These rules of OWI laws related to electric bikes are not extremely clear, and are relatively new in the grand scheme of Wisconsin’s laws, so it’s not uncommon for law enforcement officers or even prosecutors to misunderstand or overlook the nuance within the law. For this reason, it is critical to consult with an experienced criminal defense attorney if you face OWI charges related to bikes, electric bikes, or other unclearly classified motor vehicles in Wisconsin.
Electric scooters are not explicitly classified as motor vehicles, though you may be charged and convicted of an OWI in Wisconsin for intoxicated operation of an electric scooter. Here, the law is not as explicit as with electric bikes, which are specifically classified as different from a motor vehicle.
Largely, electric scooters are simply excluded from Wisconsin’s specific OWI laws that define motor vehicles. The case law regarding electric scooters and OWI laws is extremely minimal, so that also doesn’t create clear guidelines. However, with the guidelines and definitions above, it is certainly possible for an electric scooter to be classified as a motor vehicle or “self-propelling” based on the specific capabilities (power, speed, and ability to operate on its own). Again, and because of the lack of clarity in the law, if you are facing an OWI charge related to an electric scooter, you should hire an experienced defense attorney who is prepared to litigate your case in court.
A moped is considered a motor vehicle under Wisconsin law, so you can be charged with and convicted of an OWI related to a moped. Mopeds are defined as motor-driven cycles that can reach a maximum speed of 30 miles per hour.
Mopeds, similar to cars or even riding lawn mowers, can be activated and are self-propelled. As such, if you are charged with an OWI related to operating a moped, you will be subject to the same OWI laws, penalties, and potential driver’s license consequences as someone convicted of driving a car while intoxicated.
A motorcycle is a motor vehicle under Wisconsin law, so you can be charged with and convicted of an OWI on a motorcycle. Motorcycles are the most similar “motor vehicle” to a traditional car based on Wisconsin’s statutes, and OWIs related to motorcyclists are extremely common. In fact, police officers receive specific training related to the detection and investigation of motorcyclists who may be operating while intoxicated.
If charged with an OWI related to operating a motorcycle, you will be subject to the same OWI laws, penalties, and potential driver’s license consequences as someone convicted of operating a car while intoxicated. Even if you are charged with an OWI related to a motorcycle (or a moped, or any other motor vehicle) it does not automatically mean you will be convicted of OWI so long as you retain a knowledgeable OWI defense attorney.
Under Wisconsin law, OWI offenses are governed by Wis. Stat. 346.63. This statute makes it illegal to operate a motor vehicle while under the influence of an intoxicant. There are several important definitions included in this statute:
With these understandings, Wisconsin’s OWI bike laws become clearer. You cannot be convicted of OWI based on use of a traditional bike because it is not a motor vehicle.
To break this down, we can use the definitions above. First, you cannot “operate” (turn on or activate) a traditional bike. Likewise, a bike is not a “self-propelled vehicle” because it cannot be set into motion without help from humans. In contrast, a traditional car (or say, a riding lawn mower) can be set into motion or activated, and it is “self-propelled” because it can move entirely on its own. This means that even if you were so intoxicated that you could not exercise the steady hand necessary to control a traditional bike, that behavior would not suffice for an OWI conviction in Wisconsin.
Although you cannot be convicted of OWI on a traditional bike in Wisconsin, serious consequences can still follow if you injure someone while biking under the influence. Causing injury while biking under the influence could result in criminal charges. Prosecutors may consider charging you with a wide array of other criminal charges like disorderly conduct or recklessly endangering safety. Ultimately, if you injure someone (whether while under the influence of an intoxicant, or with or without a vehicle) you should contact a criminal defense attorney immediately.
