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Bicycle DUI Laws in New Jersey - BikeSize bike laws guide

Bicycle DUI Laws in New Jersey

Last reviewed by BikeSize Editorial

This guide is for general information only and is not legal advice. Laws change - verify current rules with your state DOT or a licensed attorney before relying on this for any legal matter. Read full disclaimer.

The rule

In New Jersey, the DUI statute does not apply to bicyclists — it covers motor-vehicle operators only. New Jersey's DWI statute (N.J.S.A. 39:4-50) applies only to operators of a 'motor vehicle.' New Jersey courts have held that bicycles are not motor vehicles for DWI purposes (State v. Tehan, 1989). A cyclist cannot be charged with DWI in New Jersey; disorderly-conduct or related offenses may still apply. See N.J. Stat. § 39:4-50 (Driving while intoxicated).

Statute

What this means in practice

A DUI charge isn't on the table for cyclists in New Jersey, but that's not a license to ride drunk — public-intoxication, reckless-conduct, and disorderly-conduct charges can still apply, and cycling impaired dramatically raises crash risk.

Ride sharp, ride legal

Run a 60-second pre-ride safety check

DUI, impairment, and distraction laws all assume you are riding a bike that is actually safe to ride. The M-check takes a minute and catches the things that get you hurt.

See the M-check guide

Related

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Other New Jersey cycling laws