Is BUI like DUI?

By Rick Bernardi, J.D.

Should bicycling under the influence (dubbed “BUI” by Bob Mionske) be legal? Should it be illegal? And if it is illegal, what is the proper penalty?

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Well put.
# Posted By Doug | 11/30/12 8:00 PM
If the drunk driver is an atomic bomb, the drunk cyclist is the missile. I speak from personal experience. My dumb decision was not drinking, it was not calling a cab. I drank too much, attempted to ride, crossed the double yellow, and hit a parked car. Slammed my face (my helmet was clipped to my bag) on to the hood of a car. A simple $10 cab ride home, a little humility, and a lesson learned.

My thought is this: you might not have 4,000 pounds behind you to destroy someone or something, but perhaps you do strike a pedestrian. Cyclist's have killed pedestrians from hitting them. Or perhaps a motor vehicle driver sees you swerve into their path, and they in turn swerve - perhaps even over correcting - and hit a pedestrian, or another vehicle, killing someone.

Bottom line: drink safely and responsibly. Don't be stupid like me. I lost a front tooth and have a scar next to my eye. Be humble. Call a cab.
# Posted By Michael Gilbert | 11/30/12 8:08 PM
The theoretical question, "Is the cyclist drunk enough to be DWI if he were behind the wheel" is irrelevant, a strawman; the simple FACT is, a drunk cyclist CAN cause damage/injury to others -- just not on the SCALE of a driver.

Treat it as D & D -- drunk & disorderly.
# Posted By MarkB | 11/30/12 11:21 PM
The thing about this is, if you get drunk and hurt youself. It's your own fault, you should accept full liability for your own actions. Not levy harsh penalties on those seeking an alternative to driving drunk. In Denver police made the announcement they will start prosecuting enforcing BUI on November 23, 2012. Not three weeks after we the people voted to legalize marijuana as a safer alternative to alcohol for recreation. Who these laws actually abuse the most are the medical marijuana patients, with chronic severe migraines, chronic pain from such as arthritus, cancer patients, as well as others suffering from a wide range of ailments marijuana helps with. The 5 ng limit is an absurd limit that medical patients with real needs pills don't work for, wake up over this limit completely sober daily. These patients simply looking for a way to obey the law and still travel, are being prosecuted on a regular basis completely unjustly. Proponents of the law say this can be raised as a defense, but if I wake up sober as the day I was born. Get on my bicycle, (to avoid ridiculous dui limit laws (completely sober keep in mind). Should I really have to worry about arrest pedaling to the store after having served our military honorably. Your arguement about smashing into a car drunk on your bicycle could be given for wearing shoelaces drunk. Lets out law shoes when drunk too? Come on get real "any man who would deny another man his liberty, is not deserving of liberty himself". Benjamin Franklin
# Posted By Karl | 4/5/13 5:19 PM