Can You Get a DUI on a Bicycle in North Dakota?

If you’ve had a few drinks and think biking home is a safer option than driving, you're not alone. Many people in North Dakota assume that pedaling instead of driving keeps them out of legal trouble. But can you actually get a DUI on a bicycle in North Dakota?

Let’s break down what the law says—and what you really need to know to stay safe and avoid criminal charges.

What Does North Dakota Law Say About DUIs on a bicycle?

Under North Dakota Century Code § 39-08-01, a person may not drive or be in actual physical control of a vehicle while under the influence of alcohol or drugs. This includes situations where:

• Your blood alcohol concentration (BAC) is 0.08% or higher, or

• You're impaired by drugs or alcohol to a degree that makes you unsafe to drive

The key word here is “vehicle.” So the big question becomes: Does a bicycle count as a vehicle under North Dakota DUI law?

Is a Bicycle Legally Considered a Vehicle in ND?

According to N.D.C.C. § 39-01-01, a “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 or tracks.

Since a bicycle is moved by human power, it does not fall under the legal definition of a vehicle for DUI purposes in North Dakota.

Bottom Line:

You cannot be charged with a DUI in North Dakota just for riding a bicycle while under the influence.

Are There Other Charges You Could Face?

Just because you can’t get a DUI on a bike doesn’t mean you’re totally off the hook.

Here are a few related charges that could still apply:

1. Public Intoxication

While North Dakota doesn’t have a statewide public intoxication law, certain cities and towns—like Fargo, Grand Forks, and Minot—may have local ordinances against being visibly intoxicated in public spaces. If you’re swerving around downtown or causing a scene, law enforcement could still intervene.

2. Disorderly Conduct

If you're impaired on your bike and acting in a way that’s disruptive or dangerous—like yelling, weaving through traffic, or creating a hazard—you could be charged with disorderly conduct under N.D.C.C. § 12.1-31-01.

3. Reckless Endangerment or Obstruction

Impaired biking that creates a real risk to others could even lead to more serious charges like reckless endangerment (N.D.C.C. § 12.1-17-03) or obstruction of a highway (N.D.C.C. § 39-10-01).

What If You're On an E-Bike or Scooter?

Now that electric bikes and scooters are becoming more common in places like Bismarck, Dickinson, and Williston, it’s important to understand that motorized transportation may fall under DUI laws.

If your e-bike or scooter has a motor and is capable of speeds over 20 mph, it might be legally classified as a “motor vehicle”—and riding one while impaired could lead to a DUI.

Pro Tip:

If it has a motor and can go faster than a casual jog, treat it like a car when it comes to DUI risks.

Is Biking Drunk a Good Idea?

Legal definitions aside, biking while impaired is still risky:

• You can fall and injure yourself

• You may swerve into traffic or pedestrians

• You could damage property or get into a collision

Just because you won’t face a DUI charge doesn’t mean it’s a safe or smart move.

What Should You Do Instead?

If you’ve been drinking, it’s always best to find a safe way home:

• Call a sober friend

• Use a rideshare service

• Stay put until you sober up

Protecting yourself—and others—should always come first, whether you're behind the wheel or on two wheels.

Need Help with a DUI or Criminal Charge in North Dakota?

At Heartland Law Office, we defend clients across North Dakota—including in Bismarck, Minot, Williston, and rural counties—facing DUI, disorderly conduct, and other alcohol-related charges. Attorney Patrick Waters brings nearly 20 years of experience helping people navigate the criminal justice system with clarity and confidence.

If you’ve been charged after a night out, you don’t have to figure it out alone.

Contact us today for a consultation

Learn more about our DUI Defense and Criminal Defense services

 This article is for informational purposes only and does not constitute legal advice. Always consult with a licensed attorney regarding your specific situation.