Questions from drivers about VTL 1242-A, Operating E-Bike While Intoxicated, answered by the Benjamin Goldman Law Office. For penalties, points, and defense options, read the VTL 1242-A, Operating E-Bike While Intoxicated.
Can you get a dui on a battery powered bIke in the state of New York? I have a battery riding bike that I use to get around until I get a vehicle soon; it is dual manual as well as battery powered; if the battery dies out I can pedal manually. The battery speed only goes maybe 10mph My question is: could a police officer potentially charge me with a dui while riding my battery powered bike? thanks for the help.
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Benjamin Goldman Law Office
The answer is yes, you could be charged. The above statute applies to any an ebike - something that is moved by something other than human power. If the motor is not running, and you are pedaling instead, then I would argue that, at the time of the operation, the bike was not a motor vehicle.