Some of you out there may be wondering "If I'm riding my trusty bike home from the bar after having several drinks, can I get arrested and convicted of OWI?"
The short answer, in Wisconsin at least, is "no." That's according to a recent article published by the State Bar of Wisconsin (click here to read and see the legal citations), which reviews this whole area of the law (including the application of OWI laws to e-scooters and even motorized lawnmowers).
But what about if I'm taking that trip home from the bar on my new-fangled e-bike? According to the article, same answer, Wisconsin OWI laws would not apply.
But what about if I'm making that same trip on a "motor bicycle"? First, what is a "motor bicycle? Section 340.01(30) defines such as "a bicycle to which a power unit that is not an integral part of the vehicle has been added to permit the vehicle to travel at a speed of not more than 30 miles per hour with a 150-pound rider on a dry, level, hard surface with no wind and having a seat for an operator" execpt that the term "motor bicycle" does not include "an electric bicycle." If you are one of the few people in Wisconsin to own such a bicycle, you could get into trouble on your trip home from the bar, because the OWI laws apply to such a vehicle.
"RWS" (i.e., Riding While Schnockered) may be a better idea than operating a car or motorcycle under the influence, but that still probably doesn't make it a good idea. You might get arrested for or convicted of something like public intoxication. Or, if you were negligently to hit a pedestrian, you could be held liable for the pedestrian's injuries (and possibly even punitive damages). Note too that most auto insurance policies in such a situation would not provide coverage to the cyclist (but if the cyclist were to have homeowner's or renter's policy, such a policy might provide liability coverage, but not for punitive damages).
So relax and have a good time out on the town on your bike -- but not such a good time that you create an incident that catches the attention of some killjoy Wisconsin legislator, who decides its time to crack down on intoxicated bikers. Celebrate your freedom responsibly. Cheers!
