Cycling after a few drinks

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glasgowcyclist

Charming but somewhat feckless
Location
Scotland
so if a police officer simply asks you to do something, will you do it, or will you ask them to cite their authority first ? youd be amazed at how many people go for option a.

I already know whether the police have the authority to enforce my compliance and when they don’t.

It’s you who appears to be struggling with this.

Can you cite the authority I asked you for?
 

Ian H

Ancient randonneur
Hic!
 

Alex321

Guru
Location
South Wales
no you have to be in the opinion of the police officer who stops you not to be fit to ride a bicycle, that doesnt at all mean you have to be visibily not in control at all, simply in their opinion not fit to be riding, obviously riding not in control is a big indicator of that, but its not the only one.

It is the only one they can use as a reason to stop you.


and you are reacting to this exactly as Ive no doubt my guy from my local did who is now up facing a court case, instead of just accepting the lecture and walking home instead, he probably got the hump and went all you dont have the right to tell me I cant drink as much as I like and ride a bicycle, those drink driving laws dont apply to me.

Any particular reason for wrongly suggesting that about me?


so I dont understand why people are trying to be so...lets say getting around this, the law is quite clear, you cannot ride a bicycle if under the influence of alcohol or drugs makes you unfit to ride it.

Correct. Although "quite clear" is never true when it is a subjective decision on teh part of plod.

Yes its a bit of a moving target what unfit actually means whilst riding a bicycle, unlike drink driving in cars, but if you are stopped by the police for this, theyve stopped you because they think you are unfit. so youve already crossed the threshold for the charge in their eyes, and the law.

Thank you for confirming that you must be visibly out of control before they will stop you.
 

Alex321

Guru
Location
South Wales
they can ask you to do whatever they want, you are mistaking forcing you to comply, if you comply voluntarily there are no laws or procedures they need to follow...

Actually, no they can't "ask you to do whatever they want". A combination of the law and police procedural rules limits what they can ask.

I'm not saying they absolutely can't ask you to take a breathalyser (I don't know what their manuals say on this), but since it has little evidential value for a cyclist, it is unlikely they would even if they can.
 
All this reminds me of a day in work many many years ago
Our office was on the first floor and had floor to celing windows around 2 sides
and overlooked a major intersection coming into Liverpool City Centre - Old Hall Street for those that know the area

anyway I noticed a big new BMW pulling up with a Police van behind it with blue lights on

The driver o fthe BMW got out in his expensive looking suit
and the copper in the passenger seat got out and walked slowly over to him
by the time the copper got to the car the bloke was already swaggering and pointing
the copper stood there and listened
and the bloke kept pointing and standing/swaggering in a very important manner

His whole attitude shouted how important he was and how they should know better than to pull over such an important person

the copper just stood there looking at him

after a while the driver of the Police van got out
said a quick word to his mate as he passed

and started looking round the car

looking carefully at the tyres, lights and everything


all this went on for about 15 minutes and all 4 of us in the office had a grandstand view (it must have been a quiet day!!!)


There was some writing in notebooks going on at times

I have no idea how it all ended oterhthan the bloke drove off
but from the attitude of the Police he was probably going to have a quick word about something minor

and I suspect after while the coppers were looking round the car for every little things that they might just be able to do him for


basically - when stopped, the best thing to do it to just listen and agree

as said on a well-known programme that had something to do with cars at times

"prepare to look at shoes"

same applies if the Police pull you over for possibly being drunk on a bike
maybe they saw something that you should think about
 

spen666

Legendary Member
ok seen that a few times in this thread, technically it is, under the Road Traffic Act 1988,it is a criminal offence to ride a bicycle on a road or public place while in an unfit state through drinking alcohol or taking drugs.

now fine you can argue a couple of pints wont impact your ability to safely control your bike and put you in an unfit state, so no offence is being commited, but unlike drink driving theres no specific limit to rely on (though the police can breathalyse you as a cyclist and it would stand as strong evidence for the offence being committed if you were over the drink drive limit)
The police do not have the power to breathalyse you as a cyclist. You can quite easily refuse the test and are not committing any offence, unlike if you are suspected of driving a motorised vehicle

its a purely subjective test by the police who stop you, and their view may well be that a couple of pints is too many, or it might not.

so its worth remembering that, and for those that say ah but the police will never catch you, sure its unlikely, but there was a guy in our local pub the other week who cycles to the pub, who was complaining he got stopped by the police on the way home as "he was all over the road" and now has a court appearance, with a potential minimum £1000 fine, criminal record etc to worry about. now he drinks far far more than a couple of pints for sure per pub visit, and completely denies he was all over the road, but still I think he's going to struggle to contend it.
 

straas

Matt
Location
Manchester
ok seen that a few times in this thread, technically it is, under the Road Traffic Act 1988,it is a criminal offence to ride a bicycle on a road or public place while in an unfit state through drinking alcohol or taking drugs.

now fine you can argue a couple of pints wont impact your ability to safely control your bike and put you in an unfit state, so no offence is being commited, but unlike drink driving theres no specific limit to rely on (though the police can breathalyse you as a cyclist and it would stand as strong evidence for the offence being committed if you were over the drink drive limit) its a purely subjective test by the police who stop you, and their view may well be that a couple of pints is too many, or it might not.

so its worth remembering that, and for those that say ah but the police will never catch you, sure its unlikely, but there was a guy in our local pub the other week who cycles to the pub, who was complaining he got stopped by the police on the way home as "he was all over the road" and now has a court appearance, with a potential minimum £1000 fine, criminal record etc to worry about. now he drinks far far more than a couple of pints for sure per pub visit, and completely denies he was all over the road, but still I think he's going to struggle to contend it.

The test is "an unfit state" which is quite an onerous bar.

In 2023 there were 3 convictions Vs around 40k drink driving convictions for instance
 
OP
OP
TC99

TC99

Active Member
The test is "an unfit state" which is quite an onerous bar.

In 2023 there were 3 convictions Vs around 40k drink driving convictions for instance

I bet the three cyclists were stupid and pleaded guilty
 

Ming the Merciless

There is no mercy
Location
Inside my skull
Time to ride home, what a night!

IMG_2298.jpeg
 

freiston

Veteran
Location
Coventry
Roads were for everyone to do as they please. As and when new dangers arrive, restrictions and limits are brought in. You can walk drunk. You can roller skate drunk. You can pogo stick drunk. You can moonwalk drunk. You can cycle drunk. You used to be able to drive drunk. But as the deaths and injury increased rules and laws were brought in for motor vehicles. Should there becone a need to expand that if deaths and injuries occur then I dare say it will.

For the rest, judgement is required. I’ll exercise my own judgement.

I agree on the whole but I think there are two distinctions between driving a motor vehicle and the other activities.

Firstly, if you're incapacitated, then attempting any of them other than driving, and you're not going to get very far or very fast. If incapacitated when driving, then you could even pass out at the wheel and still be going extremely fast in a box weighing over a ton - you could literally demolish a house. There's a reason why drink-driving laws are different to drink-cycling and drink-walking laws.

Secondly, all the activities except for driving are freedoms that all people in this country have but driving a motor vehicle is only allowed under a revocable licence that is subject to certain conditions, including not driving with a blood-alcohol level over the legal limit.

And as has been said before, drink-cycling is not against the law but being unfit due to alcohol is.

Someone earlier hypothesised on a weaving cyclist causing a car to alter course and kill a pedestrian (a rather tenuous attempt to support an opinion imho) - if the driver is driving safely and giving proper distance between their vehicle and the cyclist, and allowing safe passing distance, then they should certainly have time to brake safely - certainly not swerve at speed into a pedestrian (presumably on the pavement and not stepping out into the road in front of the drunk cyclist and dangerously close motorist). You could equally hypothesise on a wholly sober but poorly person fainting and falling into the road - would you deduce that walking in public when feeling poorly should be scorned upon and not be allowed?

Re. the posts about cyclist and pedestrian collisions - my personal experience is that I've never, as a cyclist, collided with a pedestrian but, as a pedestrian, I have been hit at speed by a cyclist - it was early in the morning and I was walking to work; I presume that the cyclist was on his way to work too. Both of us were on the pavement travelling in opposite directions. I was on the outside where the pavement narrowed, with a hedge on the inside and a bus shelter on the pavement between me and the road. The cyclist made no attempt to slow down or let me through the gap but instead "went for it" and hit me with his left hand, still on the handlebar - which made his front wheel turn suddenly and sent him flying, sliding off the bike along the pavement. I was not even bruised - so I can completely understand how cyclists can come off worse in collisions with pedestrians.

Personally, after a night in the pub with my mates, I will often go for a 20-25 mile ride down the dark, narrow country lanes with my trusty dynamo lights lighting up my way. I'm sure that if I was unfit due to alcohol, then this wouldn't be possible without it being patently obvious to me, like falling off or having near misses. These are very narrow, very "country" lanes and, apart from the first mile or so (and the last), I rarely see any other vehicle.

Edited to correct spelling mistake.
 
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stephec

Squire
Location
Bolton
...or a shopping trolley. It didn't end well...

Or a bus.

A bloke I was at college with told me a story when I bumped into him a few years later, on the way home from the pub one night with a few mates they spotted an empty bus, the driver had alighted for a quick fag, so they jumped on and got it moving.

Unlucky for them the driver flagged down a police car that passed by straight after, and the story ended with him recounting his court appearance.
 
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