While Driving Under Influence (DUI) can carry significant penalties, the question is whether you can get penalized for DUI, rather riding under influence, while being in Alaska riding a bicycle, e-bike, or even a horse? This article explains exactly how Alaska law defines DUI and tends to explore areas that are not covered under the DUI regulations.
The short answer to this rather surprising question of whether you can get a DUI in Alaska for riding a horse or a bicycle while being under influence is short and a surprising one as being no, particularly not under Alaska’s DUI statute.
While not directly being affected and impacted by the DUI statute, engaging in such risky behavior could attract repercussions, as the law enforcement is unlikely to ignore such unsafe behavior. At the outset and for caution of readers, this article discusses and explains (1) what conduct Alaska’s DUI statute essentially regulates, (2) what constitutes as a “vehicle” per the construction of the law, (3) how bicycles, e-bikes, motorcycles, and horses fit into the picture or rather attract the regulation of the DUI statute, and (4) when and under what circumstances can you still be charged with other offenses.
What Alaska Law Actually Says About DUI
The controlling legal obligation under the Alaskan statutory scheme is Alaska Statute § 28.35.030(a)(1)-(2) which makes it illegal to operate or drive a motor vehicle, aircraft, or watercraft while under the influence of alcohol, drugs, or other controlled substances and operating a motor vehicle with blood alcohol level of 0.08% or more.
In this regard an important facet is that the driven platform is a motor vehicle, aircraft, or watercraft. The lawmakers being privy of the other modes of transportation deliberately choose to avoid these other modes of transportation and limited the scope of vehicles. The statute consciously choose to avoid the phrase the ‘any vehicle’ and kept the list exhaustive.
In this regard it may be important to pick on the distinction for the imposition of DUI that the platform being operated is (i) powered by a motor, or (ii) be an aircraft or boat. This distinction would hold field while analyzing whether the DUI would have implications on bicycles and horses.
DUI on a Bicycle in Alaska
A DUI on bicycle is not a common nor a practical situation. Remember that the imposition of DUI is susceptible on a vehicle that is powered by a motor or an aircraft or a watercraft. Whereas a standard bicycle is human-powered and not motor-powered vehicle. Per the contours of AS 28.35.030, bicycles would therefore fall outside the DUI scope, regardless of the level of the intoxicants.
However, this does not mean that no consequences flow or a person operating the bicycle under influence cannot be arrested or cited for other offenses such as (1) reckless endangerment, (2) disorderly conduct, or (3) traffic violations like riding into traffic or ignoring signals.
A cyclist creating danger would nevertheless enable the law enforcement and police to respond except this would not be under the DUI regime.
Electric Bicycles and Motorized Scooters and DUIs
Electric bicycles and motorized scooters pose a different challenge so far as the interaction with the DUI statute is concerned. At the outset it may be important to understand some electric bikes are small and maybe governed by bicycle-specific rules. Others function more like mopeds or motorized vehicles.
So, the critical question in determination is does an e-bike qualify as a “motor vehicle” under Alaskan law? The answer would not be so straightforward. If an electric bike operates more like a powered vehicle and meets Alaska’s motor-vehicle definition which is the qualifying starting point in any DUI analysis and therefore DUI may be applied because now a motor is moving the vehicle.
However, if the electric bike is not characterized as a motorize vehicle then the e-bike would not attract application of the DUI statute.
Note that the Practice takeaway is that electric bikes can go either way based on the power and classification. In case of any unsurety it is best start off with the assumption that law enforcement would treat the all vehicles strictly.
DUI on a Motorcycle/ Motorbike
Motorcycles and Motorbikes are susceptible to DUIs. Since a motorcycle is clearly a vehicle with a motor engine meaning DUI, laws apply the same as with cars or trucks.
If an actor operates a motorcycle or a motorbike while impaired with alcohol or other substances, there is a possibility to face the same penalty with a BAC threshold for 0.08 or higher, the same penalties under AS 28.35.030 and/or opening doorways to implied-consent testing rules.
So, while bicycles may be excluded, motorcycles definitely are not.
DUI While Riding a Horse in Alaska
Horses are not a motor vehicle, nor an aircraft or a boat, rather a living animal. The short answer to the susceptibility of a charge of DUI might be No.
Since, DUI applies only to motor vehicles and riding a horse while being intoxicated does not trigger DUI charges under Alaska law. However, unsafe behavior while intoxicated on a horseback can result in reckless endangerment. Could possibly raise concerns regarding animal cruelty if behavior while intoxication causes endangerment to the horse, and also civil liability if someone else gets hurt.
Therefore, although DUI might not be a possibility, but could cause legal exposure.
Actual Physical Control Laws
Some states prosecute DUIs even when the vehicle is not moving. In an instance, with the car keys in ignition and sleeping in the car driving seat, could enable prosecution against such an actor.
While some states follow the actual physical control laws, Alaska does recognize actual physical control in DUI cases, but only involving running motor vehicles.
Other Potential Charges
Regardless of DUI, law enforcement may still pursue different charges offenses such as:
(a) Reckless Endangerment in case the actor is intoxicated while riding can create a significant risk to others.
(b) Disorderly Conduct if the behavior is disruptive or dangerous in public.
(c) Pedestrian/Bicycle Traffic Violations Failing to follow road rules still carries fines and legal consequences.
Summary
| Situation | DUI Likely? | Explanation | |||
|---|---|---|---|---|---|
| Riding a bicycle | No | Not a motor vehicle | |||
| Riding an e-bike | Maybe | Depends on the e-bike classification as a motor vehicle | |||
| Riding a motorcycle | Yes | Clearly a motor vehicle | |||
| Riding a horse | No | Not a motor vehicle | |||
| Operating a car, truck, ATV | Yes | Covered explicitly | |||
| Operating a boat or aircraft | Yes | Specifically listed | |||
Why This Still Matters
Believing that riding bicycles and/ or horses could circumvent the DUI statute and avoid it entirely. Although this may be generally true, doing the same would not prevent arrests or prevent other legal consequences if the behavior becomes unsafe, reckless, or threatening to others.
Furthermore, if convicted of a DUI-related offense on motor vehicles could result in real penalties such as jail minimums, fines, license suspensions, insurance increases, and/ or criminal records. Knowing the extent of DUI repercussions could help serious, and even sometimes, unnecessary consequences.
If you ever encounter a situation that might trigger the DUI or other criminal charges the best course is to know the extent of DUI statute’s implications and more prudently it’s worth speaking with an Alaska DUI attorney before making any assumptions that could bear serious consequences.