Is Drunk Bicycling In Hudson County And Elsewhere A Crime? NJ Is Looking Into It

NEW JERSEY — The city of Hoboken excitedly announced its scooter sharing program back in May of 2019, but canceled it six months later after crashes and traffic violations. Along the way, the city issued at least three tickets to riders for allegedly using the scooters while intoxicated.

State law says that DWI charges apply to motorized vehicles — so both cars and electric scooters can fall under that.

But what about riders of e-bikes, such as those in Hoboken and Jersey City's new Citi Bike share program?

Would users fall under the same drunk driving laws as cars and motorized scooters?

What About Bikes?

Apparently, the answer is murky. And it's a question that attorneys and law enforcement officers in New Jersey would like cleared up.

Last Thursday, according to New Jersey Monitor, the New Jersey Law Revision Commission released a memo saying the state should re-examine the state’s Driving While Intoxicated statute to see if riding a bike while drunk could result in a DWI charge.

Vito Gagliardi, the chair of the commission, said, "It does seem to be the source of confusion, so I think bringing to the legislature’s attention the level of confusion — what has gone on in different trial courts and what might be going on in other states — is consistent with our role."

Back in 2019, then-Hoboken Police Chief Ken Ferrante said, of having arrested motorized scooter users, "We do this in order to keep drunk drivers off the roads so that they don’t have the ability to hurt anyone, including themselves." He said a person can be charged with DWI for operating any vehicle or mode of transportation that is not “muscle-powered.”

Therein lies the difference. A motorized scooter might qualify under current laws, but a scooter powered by one's feet, or a bicycle, would not.

While bike-share bicycles, like Hoboken's Citi Bikes, have an electronic component, they're still not motorized.

A report from the Law Revision Commission is expected in 2023, said news reports.

The New Jersey Law Revision Commission (NJLRC) is "an independent Legislative commission responsible for conducting a continuous examination of the New Jersey statutes and the judicial decisions construing the statutes," according to its website.

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