Bicycle DUI Laws in New York
Last reviewed by BikeSize EditorialThis 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 York, the DUI statute does not apply to bicyclists — it covers motor-vehicle operators only. New York's DWI statute (VTL § 1192) applies only to operators of a 'motor vehicle' as defined in VTL § 125, which does not include bicycles. A cyclist cannot be charged with DWI in New York. Public-intoxication and disorderly-conduct charges under the Penal Law may still apply to a rider who poses a risk to themselves or others. See N.Y. Veh. & Traf. Law § 1192 (Operating a motor vehicle while under the influence).
Statute
What this means in practice
A DUI charge isn't on the table for cyclists in New York, 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