Can a person get a DUI on a bicycle in South Carolina?

According to South Carolina law, Title 56 – Motor Vehicles, ARTICLE 23, SECTION 56-5-2930. Operating motor vehicle while under influence of alcohol or drugs; penalties; enrollment in Alcohol and Drug Safety Action Program; prosecution. 


drunk on a bicycle fail(A) It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired, under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired, or under the combined influence of alcohol and any other drug or drugs or substances which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired. A person who violates the provisions of this section is guilty of the offense of driving under the influence and, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished as follows:

But what about a Bicycle? Well, according to this same section of the law, SECTION 56-5-160, A bicycle is a device propelled solely by pedals, operated by one or more persons, and having two or more wheels, except childrens’ tricycles.

So, in fact, in the state of South Carolina, you cannot get a DUI for simply operating a bicycle. However, according to Title 16 – Crimes and Offenses, CHAPTER 17, SECTION 16-17-530. Public disorderly conduct, you can be charged with a misdemeanor for being publicly under the influence of intoxicating liquor. 


By |2014-07-28T17:17:19+00:00July 28th, 2014|Civil Rights, Legal Blog|Comments Off on Can a person get a DUI on a bicycle in South Carolina?