Can you get a BUI/DUI on a bike?

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Can you get a BUI/DUI on a bike?

Postby zensurfer » Mon May 31, 2010 10:52 am

I know you can get a dui by driving an art car, but what about bikes?

Thanks!
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Postby goathead » Mon May 31, 2010 11:09 am

you would have to really fuck up bad.
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Postby phil » Mon May 31, 2010 11:15 am

I don't know what a BUI is.

For driving under the influence of alcohol,
http://www.nevadaduilawyer.com/duilaw.html
where the issue is "to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access." The definition of vehicle is
'For purposes of NRS chapter 484, vehicle is defined as ". . . every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails."'

A bike is 'moved by human power.'

In a related matter, the Nevada Attorney General was asked if being drunk on a horse was a violation of NRS 484.379, and the reply is here:
http://asci.uvm.edu/equine/law/cases/mi ... 000-01.htm
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Postby gyre » Mon May 31, 2010 11:36 am

Since we are technically offroad, I would think the rules wouldn't be as stringent, but a public intoxication charge could be made or something for safety violation.
It would depend on how the laws are written.
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Postby Dr. Pyro » Mon May 31, 2010 4:41 pm

BUI: Biking under the influence. You can get arrested (they have the same laws as motor vehicles in the eyes of the LEOs and DMV) but you would almost have to be asking for getting arrested for that to happen. Now should you plow into somebody on your bike and you're wasted, and they get seriously injured, then all bets are off and you should be incarcerated or fined. I will admit I have riden a bike under the influence at TTITD, but have never hurt anybody or even fell over. Not that I would recommend the practice, but if you are very careful, well lit up (with lighting, not drugs), and bike slowly, probably will be OK. But as always, YMMV.
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Postby Playa Foot » Mon May 31, 2010 5:07 pm

There are two ways t et a DUI on a bike.
1. Be so fucked up you get the attention of law enforcement and they decide that you are a daner to yourself or to others.
2. Run over somebody, bonus points for running into a cop car.
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Postby Thecatman » Mon May 31, 2010 5:37 pm

Dr. Pyro wrote:(they have the same laws as motor vehicles in the eyes of the LEOs and DMV)

I agree: obeying stop signs, red lights, riding with traffic, use of signals etc
But like gyre said this is off road, but, the public has access
When on a public street, a person can be poped for DUI if they "sleep it off" in their vehicle and have the keys anywhere in the vehicle, so, just walking your bike while intoxicated may fall in that catagory as well.

I have question:
Does anybody know if Pershing County S.O. sets up a temporary jail or holding facility at BM?
Say if somebody is drunk, LEO takes them to a holding facility for that persons safety, then releases them when they sober up, giving them a warning as opposed to a court date.
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Postby skibear » Mon May 31, 2010 7:44 pm

Playa Foot wrote:There are two ways t et a DUI on a bike.
1. Be so fucked up you get the attention of law enforcement and they decide that you are a daner to yourself or to others.
2. Run over somebody, bonus points for running into a cop car.


Saw this with my own eyes at a Baltimore City Festival. A sportscar full of
shitfaced drunk kids flew out of the parking lot and broadsided a cop car.

I saw the cop standing there as they poured a half dozen large cups of
beer onto the ground!!



Er ah, at my first playa visit one day I fell off the bike 4 time sand decided
I had to walk the bike back to camp. It made a great crutch for a drunk to
hang on while walking alongside. LOL


:oops:
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Postby Ranger Genius » Mon May 31, 2010 11:51 pm

Phil already answered this.

Nevada DUI laws don't apply to human-powered vehicles. Period.

You can be charged with public intoxication, technically, or with public endangerment if you're drunk on a bicycle and being a jackass, but not with a DUI.
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Postby Snow » Tue Jun 01, 2010 12:10 am

phil wrote:except devices moved by human power or used exclusively upon stationary rails."'

So I can drink and drive a train???


the Nevada Attorney General reply must be fairly old since it references .10 BAC, not the .08 the feds FORCED us to adopt recently
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Postby gyre » Tue Jun 01, 2010 12:11 am

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Postby StevenGoodman » Tue Jun 01, 2010 10:32 am

[quote="Playa Foot"]2. Run over somebody, bonus points for running into a cop car.[/quote]

A couple of years ago I was having a conversation with one of the BLM officers; after he (and a couple of other officers) was very helpful helping me unload my pickup truck for an art project.

A few years earlier he had arrested someone for repeatedly running a bicycle into his squad car. The guy was so wasted (on drugs) he had no idea what he was running into, and why he could not go forward anymore. This was out in the playa near the Man, with nothing to stop the guy from just going around!

I saw the same officer a couple of days later, as I walked my bike across the playa. I was too drunk to ride it... He just waved at me!

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Postby theCryptofishist » Wed Jun 02, 2010 6:45 pm

phil wrote:I don't know what a BUI is.

Aparently a "Bui" is a scary gourmet ghetto restaurant.
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Re: Can you get a BUI/DUI on a bike?

Postby junglesmacks » Tue Feb 21, 2012 5:08 pm

'round these parts, a BUI is a pretty common scary thing. Boating Under the Influence.
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Re:

Postby tattoogoddess » Tue Feb 21, 2012 7:35 pm

Playa Foot wrote:2. bonus points for running into a cop car.



Well if they where not fucking darkwads being all incognito trying to bust people I wouldn't have to worry about this lol

They are doing it wrong!!

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Re: Can you get a BUI/DUI on a bike?

Postby AntiM » Wed Feb 22, 2012 8:59 am

I dunno, the BLM rangers have given me some of the coolest schwag over the years. I have a BLM blinkie! And a Junior ranger badge, and BLM lip balm, bunch of other stuff too. Most of the ones I've stopped to chat with have really been enjoying the event.
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Re:

Postby CornMan » Wed Feb 22, 2012 9:20 am

Thecatman wrote:When on a public street, a person can be popped for DUI if they "sleep it off" in their vehicle and have the keys anywhere in the vehicle, so, just walking your bike while intoxicated may fall in that category as well.


I've never understood the logic in this. If you feel you are beginning to get a bit too tipsy, and you pull over and lay down to sleep in your vehicle, it is considered no better than if you were to continue to drive? What's the deal with that? Who or what are the authorities protecting to consider a person sleeping as driving? Is the person sleeping more of a danger to himself or others if the keys are in the vehicle? I guess you could put your keys in the engine compartment.
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Re: Can you get a BUI/DUI on a bike?

Postby Elliot » Wed Feb 22, 2012 11:39 am

:idea:
Theme Camp idea! Alcohol testing! How expensive are those devices that DUI suspects breathe into? What are those things even called, so I can search for them?

I want to at least test myself. I've never been tested, but I have a hunch that .08 is really quite drunk by my standards.

Oh... and one of my fondest memories from 2006 is riding my giant oversize bicycle while good-n-drunk, wobbling along and falling off a couple of times. An E-ticket ride! :lol:
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Re: Re:

Postby junglesmacks » Wed Feb 22, 2012 12:32 pm

Zeke Chaparral wrote:
Thecatman wrote:When on a public street, a person can be popped for DUI if they "sleep it off" in their vehicle and have the keys anywhere in the vehicle, so, just walking your bike while intoxicated may fall in that category as well.


I've never understood the logic in this. If you feel you are beginning to get a bit too tipsy, and you pull over and lay down to sleep in your vehicle, it is considered no better than if you were to continue to drive? What's the deal with that? Who or what are the authorities protecting to consider a person sleeping as driving? Is the person sleeping more of a danger to himself or others if the keys are in the vehicle? I guess you could put your keys in the engine compartment.


I'm under the impression that as long as the keys are not IN the ignition, you're fine.
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Re: Can you get a BUI/DUI on a bike?

Postby Sail Man » Wed Feb 22, 2012 1:34 pm

junglesmacks wrote:'round these parts, a BUI is a pretty common scary thing. Boating Under the Influence.



why, I would never ever sail my boat while holding an ice cold brewski :roll:
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Re: Re:

Postby Bob » Wed Feb 22, 2012 1:48 pm

junglesmacks wrote:I'm under the impression that as long as the keys are not IN the ignition, you're fine.


And I'm sure because being hepped up on goofballs is apparently legal where you live, it *must* be legal where the playa chicken roams.
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Re: Can you get a BUI/DUI on a bike?

Postby alt12 » Wed Feb 22, 2012 1:49 pm

zensurfer wrote:I know you can get a dui by driving an art car, but what about bikes?

Thanks!


I don't know about Nevada, but yes you sure can in California. I was pulled over once driving my bike wasted and was given a warning and allowed to walk it home....
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Re: Re:

Postby Canoe » Wed Feb 22, 2012 4:42 pm

junglesmacks wrote:
Zeke Chaparral wrote:
Thecatman wrote:... have the keys anywhere in the vehicle...
...Is the person sleeping more of a danger to himself or others if the keys are in the vehicle? I guess you could put your keys in the engine compartment.

I'm under the impression that as long as the keys are not IN the ignition, you're fine.

In many jurisdictions, it comes down to two parts: being UI and having "care and control". If you have, or can get, possession of the keys, then you are viewed as having C&C as you have the means of starting and driving. UI + C&C = DUI.
Justification is, as you're UI, you can't rely upon not deciding to drive.

In some "care and control" jurisdictions, if the keys are anywhere in the car (or within reach: in pocket, on hood, etc.), you have care & control. In others, if you put the keys in the trunk, they'll accept that as not having access to keys, hence not having C&C (assuming you're not in the trunk too). In some, you can throw the ignition key into the woods/field beside the road to demonstrate lack of C&C (so you can say in court that while UI there is no way you could have found it). Know what it is where you will be. Your results may vary.
Around my area, in trunk sometimes works. I thought it would be more clearly defined by prior decisions, but it appears to depend on what the judge thinks of the circumstances.

How did you drive to that point? Remember your right to silence? If you discuss why you thought you should pull over (amount you drank, or citing symptoms), then what you say could be presented as proof you had to have been DUI before you pulled over).

In various places, it can get interesting with:
  • DUI vs. RV stopped/camped or car stopped/camped,
  • RV, Trailer or Tent as Temporary Residence/Domicile for possession of, or transport of, alcohol at/to such a temporary residence,
  • RV vs. Car camping for transport of unopened vs. opened alcohol, where/how stored, accessible and by who.

No idea about Nevada laws on these.
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Re: Can you get a BUI/DUI on a bike?

Postby unjonharley » Wed Feb 22, 2012 5:01 pm

[
I saw a news paper account of a guy ticketed for drunk lawn mower driving..
Also have heard of drunk tractor driving..
Or the guy with a powered sofa chair, drunk and ramming a cop car.
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Re: Can you get a BUI/DUI on a bike?

Postby FIGJAM » Wed Feb 22, 2012 5:04 pm

Here,s one.

Guy has his car up on blocks in his driveway with the wheels removed.

Goes out to listen to his stereo and drink a sixpack sitting in his car.

Well the key was in the ignition so he got the DUI! :shock:
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Re: Can you get a BUI/DUI on a bike?

Postby Bob » Wed Feb 22, 2012 5:38 pm

Plenty of people have been evicted from BRC for being obnoxious while drunk, but I've never heard whether the drunk dude who rammed the Burning Man Opera's stage installation in '98 with his 40-ft land yacht under full sail ever got a citation.

Might not have been entirely his fault, think he swerved around a gift.

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Re: Can you get a BUI/DUI on a bike?

Postby Elliot » Wed Feb 22, 2012 7:38 pm

FIGJAM wrote:Here,s one.

Guy has his car up on blocks in his driveway with the wheels removed.

Goes out to listen to his stereo and drink a sixpack sitting in his car.

Well the key was in the ignition so he got the DUI! :shock:

I must be very different from average people, because I do not understand how this could happen. What did the guy do -- throw the beer bottles at a passing patrol car???
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Re: Can you get a BUI/DUI on a bike?

Postby FIGJAM » Wed Feb 22, 2012 9:40 pm

The loud music attracted the cop, and the guy was "in control" of the vehicle. :roll:
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Re: Can you get a BUI/DUI on a bike?

Postby Bob » Wed Feb 22, 2012 9:43 pm

Letter of the law, and a cop going out, looking for trouble.
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Re: Can you get a BUI/DUI on a bike?

Postby Lassen Forge » Wed Feb 22, 2012 9:52 pm

Elliot wrote::idea:
Theme Camp idea! Alcohol testing! How expensive are those devices that DUI suspects breathe into? What are those things even called, so I can search for them?

I want to at least test myself. I've never been tested, but I have a hunch that .08 is really quite drunk by my standards.

Oh... and one of my fondest memories from 2006 is riding my giant oversize bicycle while good-n-drunk, wobbling along and falling off a couple of times. An E-ticket ride! :lol:


I got one from BevMo - it was pretty accurate for what it was, and I think it was like 35 bucks or so... As long as you followed the instrictions, it was within a point of the ones we use for doing random tests on our employees... The sensor eventually goes bad, tho, and no idea how it would react to playa dust love...
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