Cycling the morning after drinking

[Flick of the Elbow]

The lowered limit for drinking and driving in these parts have prompted lots of second thoughts about driving the following morning. But do these apply to cycling too ? The quesion is partially answered in this month's CTC mag which states that the police have no power to force a cyclist to provide a breath, blood, or urine sample, that your refusal to provide one is not permitted as evidence, and that any prosecution in the absence of a sample has to rely on evidence eg. that you were cycling erratically, slurring your words, smelling of alcohol etc.
So basically if you're not displaying the signs of being drunk then you're safe from prosecution.
They also add that even if found guilty you don't get points on your licence.
Trouble is the legal advice in the CTC mag is provided by an English law practice so I'm always left wondering whether it is valid for Scotland. Can anyone confirm/ add anything ?

 

[Dave 123]

You need this....


https://www.cyclechat.net/threads/the-booze-quittin-buddy-thread.146246/

 

[theclaud]

The lowered limit for drinking and driving in these parts have prompted lots of second thoughts about driving the following morning. But do these apply to cycling too ?

No. HTH.

 

[nickyboy]

Regardless of the law, cycling whilst under the influence is a stupid thing to do. Don't think about prosecution etc, think about the increased likelihood that you're going to be involved in a crash

 

[theclaud]

Regardless of the law, cycling whilst under the influence is a stupid thing to do. Don't think about prosecution etc, think about the increased likelihood that you're going to be involved in a crash

Hope the Llandudno Travelodge isn't too far from the boozer, then...

 

[Citius]

They also add that even if found guilty you don't get points on your licence.

Well obviously...

 

[nickyboy]

Hope the Llandudno Travelodge isn't too far from the boozer, then...

The bike's getting stashed early doors. Otherwise I'll end up forgetting about it somewhere

 

[Ian193]

Having ridden home after 8 pints once it's not something I wish to repeat any time soon (it was many years ago)

 

[Glow worm]

You can't beat a spot of 'refreshed' riding home from the pub.

 

[winjim]

It's probably quite good for you in a detox sort of way. Gets your heart rate up and your blood pumping through your liver.

 

[CopperCyclist]

[QUOTE 3614549, member: 9609"]the drink drive laws seems to revolve around excess alcohol in your blood whilst in charge of a Mechanically propelled vehicle, for what ever reason a bicycle is not classed in the eyes of the law as being "Mechanically propelled" but what of one of these bikes with an electric motor to assist pedalling?[/QUOTE]

Whilst it fits the definition, it is specifically written into the law that an electric bike (with the electric assist not capable of more than 15mph) will still not be considered a "mechanically propelled vehicle" for the purposes of the law.

 

[vickster]

Do you want to have a criminal conviction regardless of the points on the non existent license etc

 

[Dan B]

What for?

Bragging rights?

 

[Pale Rider]

I always wonder what a drunken cyclist could be charged with.

As has been said, 'wanton and furious' doesn't really apply to wobbly riding.

Some Scottish law is different, so there may be a charge up there, but I think it's unlikely.

 

[theclaud]

I quite like the idea of wanton cycling. Is it obligatory for it to be furious as well?