What Are The Laws On Drinking & Riding?

Logic would say that like driving drunk, cycling drunk exposes you to a greater risk. South Australia considers cycling while intoxicated to be an offence under the Road Traffic Act 1961, the same offence as driving while drunk. There is one key difference; the penalty is considerably less at $500.

If you are in Queensland the penalties are more costly as the offence can carry a maximum 40 penalty units.

In New South Wales a bicycle is considered a vehicle and as such, drink driving restrictions apply. The way the Road Transport Act 2013 is written means that low range, mid-range, and high-range drink driving offences don’t apply, but cyclists can be charged with using bicycle under the influence of alcohol. If convicted for cycling while drunk you could lose your licence for up to 12 months. If in the past five years you had a previous drink driving conviction then the maximum penalty is $3,300 and 12 months imprisonment.

In Western Australia, the Road Traffic Code 2000 states that: “A person shall not on any road or path…ride a bicycle while under the influence of alcohol, drugs or alcohol and drugs to such an extent as to be incapable of having proper control of the bicycle” and the penalty is two penalty units.

In Victoria the laws are quite outdated and is actually ‘Drunk in charge of a carriage’, yes a carriage. If convicted expect around 10 penalty units. These rules do mean the Police can’t breath test you and if charged you wouldn’t lose any demerit points.

In Tasmania cycling is treated as per any motor vehicle, you will be subject to the same penalties as if you were caught behind the wheel.

In ACT you will not be subject to the penalties that apply to motor vehicles, instead the law states, “A person must not drive or ride a vehicle or animal on a road, or be in charge of a vehicle or animal on a road, while under the influence of alcohol.” So if you were caught while cycling you would face a maximum of 50 penalty units and imprisonment for six months.

If you were breath tested at the station, the legislation in all states but Tasmania and New South Wales relates specifically to motor vehicles.

You could face serious criminal charges if your actions resulted in a car crash.