Washington State

Can I get a DUI on an ATV in Washington? A bike or scooter? Know these rules

When it comes to drunk driving, most people automatically think about cars or motorcycles.

However, you can get in trouble for driving other vehicles under the influence of alcohol or drugs.

Can you get a DUI while driving an all-terrain vehicle in Washington state? What about riding a bike or scooter?

Here’s what Washington state law says:

How does Washington state define intoxicated driving?

In Washington state, you can be charged with driving under the influence of intoxicants if you’re caught “operating a vehicle while affected by alcohol, drugs or both,” the Washington State Department of Licensing said.

“This applies to both legal and illegal drugs, including prescription medication and over-the-counter drugs,” the state agency said.

Specifically, it’s illegal to have a blood alcohol concentration of 0.08 or higher or a THC concentration of 5.00 within two hours after driving a vehicle, according to the Revised Code of Washington.

If it’s clear substances have impacted your driving, you can still be charged with a DUI, regardless of what blood tests show.

Some states have laws preventing cyclists from hitting the road while under the influence.
Some states have laws preventing cyclists from hitting the road while under the influence. David_Sch Getty Images/iStockphoto

Can you get a DUI while bicycling in Washington state?

While Oregon, California and other states can charge bicyclists with cycling under the influence, Washington state does not have a similar law.

However, the Revised Code of Washington does address intoxicated cyclists.

Law enforcement officers can offer to transport an intoxicated bicyclist who’s “walking or moving along or within the right-of-way of a public roadway,” state law says.

If the bike rider accepts, they will be taken to a safe place or released to a “competent person,” according to state law.

Cyclists are not required to accept the transport offer.

Additionally, law enforcement officers may impound a bicycle used by an intoxicated person if they deem that “necessary to reduce a threat to public safety, and there are no reasonable alternatives,” the Revised Code of Washington says.

Scooters have different classifications in Washington state law depending on their speed, size and operation.
Scooters have different classifications in Washington state law depending on their speed, size and operation. DekiArt Getty Images

Can I get a DUI while on a scooter or moped?

State DUI laws specifically refer to “a person driving a vehicle” while intoxicated.

In this case, a “vehicle” is defined as “a device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway,” the Revised Code of Washington says.

That definition includes more modes of transportation than what are legally known as “motor vehicles,” according to state law.

According to Trooper Daniel Mosqueda with the Washington State Patrol, you’re not allowed to drive most vehicles while drunk or high.

Bicycles and basic foot-powered scooters aren’t considered vehicles under state law, so they’re not included.

However, you could potentially face DUI charges while riding on certain electric bikes and electric scooters, depending on speed and other factors.

“We do not recommend using a bike, skateboard or scooter as a method to travel after having consumed intoxicating liquor or drugs, just because one cannot get a DUI,” Bellingham Police Department Lt. Claudia Murphy previously told McClatchy Media. “It is dangerous to operate those devices under the influence.”

Mosqueda said riding lawnmowers can be considered a vehicle once taken on the road.

Depending on the circumstances, you can even get charged with a DUI for operating a vehicle entirely on private property, according to Mosqueda.

Can I get a DUI while on my ATV in Washington state?

ATVs and other off-road vehicles are considered vehicles under state law.

Driving these vehicles while intoxicated would lead to DUI charges.

Smaller vehicles such as mini bikes fall under the same classification.

If an intoxicated driver took an off-highway vehicle onto public roads, they could face additional charges, such as reckless endangerment, impeding traffic or other infractions.

Close-up of boots in the horse’s stirrup
In some states, DUI laws apply to horseback riders as well as drivers of motor vehicles. Igor Alecsander Getty Images

Is it against the law to drink and ride horses in Washington state?

States including California and Florida have legislation prohibiting riding horses under the influence of intoxicants.

Washington state does not.

According to Mosqueda, horses are not considered vehicles under Washington state law.

However, that doesn’t mean you couldn’t face charges for riding a horse while drunk or high. Law enforcement officials could consider this reckless endangerment.

If you ride a horse onto a public street while under the influence, you could also be charged with impeding or obstructing traffic.

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