For the purposes of Oregon DUII law, a person must be driving a vehicle. So, what constitutes a vehicle? It shouldn’t come as a shock that vehicles include cars and trucks and motorcycles and things of that nature — motor vehicles. DUII also applies to boats under ORS 830.325. What about everything else a person can ride, paddle, or “drive”?
Bicycles are a Vehicle Under Oregon DUII Law
Yes, riding a bike, even though it doesn’t require a driver license, doesn’t have a motor, and doesn’t require insurance, is considered a vehicle for the purposes of DUII. The Court of Appeals of Oregon addressed this question in State v. Woodruff, 81 Or.App. 484 (1986). In short, Woodruff was arrested for DUI while riding his bicycle along Hwy. 97, outside Bend, Oregon. The administration of a breath test suggested defendant had a BAC greater than 0.08%, the legal limit. Defendant’s attorney argued the breath test was not admissible because the Implied Consent Law does not apply to bicyclists.