Can I Get A DUI Riding My Bike In Manitoba?
This is always a popular question, particularly around Nuit Blanche, where many Winnipeggers rely on their bikes to move between the many events and exhibitions. Some of these fine folks may or may not be enjoying “adult soda pops” throughout the night, which can cause real issues if the police become involved.
Q. Can I get a DUI riding my bike?
Short Answer
No – the current Criminal Drive Impaired laws do not apply to a bicycle that is person-powered only. That said…..
Longer Answer
… answers are never quite that simple are they?
Despite the fact that the relevant laws have not been well publicized, operating a bicycle in Manitoba, in an unsafe manner while drunk, is illegal and can result in a fine or imprisonment.
The relevant law is not part of the Criminal Code of Canada. Instead, it comes from the Manitoba Highway Traffic Act (we’ll call it the HTA from here on out):
Drunken driving of vehicles other than motor vehicles
227(1) No person
(a) who is in charge of a vehicle other than a motor vehicle or bicycle, or of a horse or other animal, used as a means of conveyance; and
(b) who is, through drunkenness, unable to drive or ride it with safety to other persons who are on a highway or bicycle facility;
shall drive or ride the vehicle, bicycle or animal on a highway or bicycle facility.
Offence and penalty
227(2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000. or imprisonment for a term of not more than one year, or both.
Like all too many laws, the wording is confusing and non-specific. What is the definition of “drunkenness”? What does it mean to be unable to “drive or ride it with safety to other persons”? Where does this law apply?
We can better understand this section with a bit of digging. The HTA gives us definitions for both bicycle facility and highway:
"bicycle facility" means a bicycle path or any other area, other than a highway, which is designated for the passage of bicycles and upon which motor vehicles, other than those required for maintenance of the path or area, are prohibited; (« piste cyclable »)
"highway" means any place or way, including any structure forming part thereof, which or any part of which the public is ordinarily entitled or permitted to use for the passage of vehicles, with or without fee or charge therefor, and includes all the space between the boundary lines thereof; but does not include any area designed or intended, and primarily used, for the parking of vehicles and the necessary passageways thereon; (« route »)
These definitions make it clear that operating a bicycle in Manitoba, in an unsafe manner while drunk, is illegal on bike paths, as well as public roads, and other public structures, used for the passage of vehicles.
What the HTA does not tell us, is what is meant by “drunkenness” and “drive or ride it with safety to other persons”. This means that it is up to the discretion of a peace officer – which includes Winnipeg Police Service officers AND cadets – to decide if a cyclist meets this criteria. Additionally, even though you wouldn’t necessarily know it walking down Osborne Street on a summer Saturday night, peace officers in Manitoba are allowed to detain a person intoxicated in public and take them to a detoxification center. This power comes under the Intoxicated Persons Detention Act, or IPDA as it is not so lovingly known in some circles, and extends to individuals in a place where the public has access, regardless if they are on foot, a bicycle, a horse, etc.
All of the above goes out the window if the bicycle is actually a “conveyance” under the Criminal Code, which means a motor vehicle, vessel, aircraft or railway equipment. While I have yet to see a bicycle in Winnipeg made into a sea worthy vessel, or with wings strapped to it to become an aircraft, any vehicle that is drawn, propelled, or driven by any means other than muscular power, is a motor vehicle and subject to DUI consequences under the Criminal Code. This means that if you have a moped, scooter, or let’s say, even a gas powered unicycle, it is considered a crime to operate those vehicles while impaired by alcohol or drug.
Knowing the law is a good first step, but using that knowledge to protect yourself is the key. The best practice is to avoid legal trouble where you can and, sometimes, that may mean a good long walk instead of a bike ride.
Please note that the above is for informational purposes only and is NOT legal advice. Legal advice can only be properly given by a lawyer who has met with you to discuss the details of your case and your personal circumstances. If you require legal advice, please use the Contact page to arrange for a free consultation.