Putting aside whether it is actually a good idea or not, riding while under the influence of alcohol in Australia, specifically Victoria, is – unsurprisingly – not a penalty-free activity, but in fact one that dates back to when we rode around in carriages.
Drunk in charge of a carriage offences go back to the days where we had horse-driven carts, and apparently hasn’t been updated (except the amount of the fine). You can be fined about $1,400 (10 penalty units) or get two months’ prison. That’s right. Riding drunk in Victoria could see you in jail or with a very big fine. If you have found yourself in legal trouble regarding riding a bike drunk, contact Vanessa Ash for expert legal advice.
Important note in Victoria: police only have the power to breath test those in motor vehicles, but if you find yourself in hospital, a blood test may be taken which will show your blood alcohol level. If the police request a breath or blood test, this is one of the only cases that you can (and should) refuse. You can’t get demerit points or lose your licence.
How does everybody else do it?
South Australia
SA considers riding a bike drunk to be the same as driving a car drunk, but the fine is $500.
Queensland
The penalties are much stiffer – up to 40 penalty units ($4,400) or up to nine months’ prison. Queensland would consider driving anything drunk that is not a motor vehicle – a lawnmower or horse, perhaps – to carry these penalties.
New South Wales
Cyclists can be charged with using, or attempting to use, their bicycle under the influence of alcohol or another drug, with the maximum penalty being $2,200 for a first offence, with or without the nine months in prison. You can also lose your driver’s licence for up to a year for bicycling drunk in NSW. \
This gets worse if you have a previous drunk driving conviction, where you could have to pay $3,300 and/or get thrown in the can for a year, with a loss of licence of up to three years.
Important note in NSW: police only have the power to breath test those in motor vehicles, but if you find yourself in hospital, a blood test can be taken which will show your blood alcohol level. If the police request a breath or blood test, you can (and should) refuse. You can lose your licence.
Western Australia
It is illegal to ride a bicycle drunk, with the fine two penalty units – $100.
Tasmania
You get the same penalties as from driving a car – they don’t muck around with up to a year in jail and 30 penalty points for a first offence; doubled if you get caught again. You can lose your licence.
Northern Territory
Motor vehicle laws do not apply to cyclists, and you are free to ride home as drunk as you like. If you are deemed to be a danger to other road users, however, you may be charged with other offences.
Australian Capital Territory
Motor vehicle laws do not apply here either, but you can’t ride a vehicle or animal while under the influence of alcohol. If you are caught riding a horse or a bicycle drunk, you will get 50 penalty units in fines, and maybe prison for six months.
Got a bicycle-related drink-driving charge? Call Vanessa Ash and Associates today.