What Massachusetts Law Says About Riding a Bicycle While Drunk

Planning on riding your bike to the Madeira Feast this weekend? Gazelle brought the idea up this morning on Michael and Maddie His thought was that it would be infinitely easier to find a spot for his bike than to find a parking spot for his car at the Feast of the Blessed Sacrament, New Bedford's biggest party of the year.

Conversation turned to whether or not he'd be able to partake in drinking alcoholic beverages while at the feast before riding his bike home.

In other words, is it legal to drink and ride your bike?

We turned to Fun 107 legal correspondent Attorney Marcus Ferro to see what he had to say about BUI (biking under the influence).

Massachusetts Has No Laws About 'BUI'

"A bicycle doesn't fit the definition of a motor vehicle under the statute," Ferro said. "If you were operating under the influence (OUI in Massachusetts), a bicycle would not be covered. A bicycle is a mode of transportation that is powered by a person, not an engine."

The Massachusetts Law Just Doesn't Fit

Ferro said there is a specific legal definition for a motor vehicle under Massachusetts law.

For the purposes of OUI, a bicycle simply doesn't fit.

"An OUI on a bicycle isn't a thing. It's perfectly legal. You cannot get an OUI on a bicycle. However, it obviously doesn't preclude you from any other potential criminal violations that could occur while you are intoxicated. It doesn't prevent you from getting protective custody by the police. It doesn't prevent you from having malicious destruction of property if you crash your bike into something.

"Depending on your behavior, you could be charged with disorderly conduct."

We sought a second opinion just to be sure.

New Bedford's Attorney John B. Seed specializes in Massachusetts DUI Law. He agreed with Ferro.

"It is not a crime to ride a bicycle while you are drunk. It's not a DUI. However, you could be charged with public intoxication."

Bottom line?

"It's not a good idea to ride your bicycle while drunk, but that doesn't make it illegal," Ferro said.

Massachusetts Laws You Don't Even Know You're Breaking

There are a lot of strange laws still on the books in Massachusetts, many that also carry actual punishments and fines. Though we're pretty sure no one has been arrested for the crimes we're about to list, we're also pretty sure you have violated at least one of these laws in the last month or so.

Gallery Credit: Nancy Hall

These Common Plants Are Illegal in Massachusetts

Massachusetts plant lovers, beware! Many of our most recognizable flora are actually common because they are super successful invaders, and are taking out our native plants.

The state has made it illegal to sell, grow, spread or propagate them — trust us, they don't need any help. Here's a list of some of the most widely known plants that actually don't belong here.

Gallery Credit: Kate Robinson