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Posted on May 2, 2026 in DUI
Under Arizona law, it is unlawful to drive or be in actual physical control of a vehicle while you are under the influence of drugs or alcohol. This raises the question of whether a bicycle, or a motorized bicycle, can be considered a “vehicle” for purposes of Arizona’s DUI laws, and the answer is generally “No.”
Rosenstein Law Group represents Arizona residents charged with DUI offenses, including misdemeanor, extreme, super extreme, and aggravated DUI charges. In this post, we examine how Arizona law treats bicycles and electric bicycles under the state’s drunk-driving laws.
If you are facing DUI charges of any kind in Arizona, call Rosenstein Law Group at (480) 248-7666 or contact us online to speak with an experienced DUI defense attorney.
Arizona Revised Statutes (ARS) Section 28-101(89) defines what a vehicle is in Arizona. This subsection specifically does not include the following in the vehicle definition:
A bicycle is a device powered by human power, so it clearly falls within this exclusion from being a vehicle. It is generally not expected that you would be charged with a DUI on a bike in Arizona because Arizona’s DUI law, ARS 28-1381, applies to “vehicles.” Officers can and sometimes do cite cyclists, but charges are typically dismissed.
Note that this does not mean that you cannot be charged with an offense on a bicycle if you have been drinking alcohol or are under the influence of drugs; it only means that you cannot lawfully be convicted of a DUI on a bike.
Otherwise, you can be charged with other offenses and subject to their related penalties, including:
With all this in mind, let’s imagine a scenario: you ride your bicycle home from a Scottsdale bar after having several drinks. On the way, you weave across a lane, and a police officer pulls you over. Under Arizona law, the officer cannot charge you with a DUI because your bicycle is not a “vehicle” under ARS 28-101.
However, the officer could still cite you for disorderly conduct if your behavior creates a public disturbance, or for a traffic violation if you fail to obey traffic signals or ride against the flow of traffic.
Three classes of electric bicycles exist. Depending on circumstances, even though ARS 28-101(89) generally excludes electric bicycles from the definition of “vehicle,” police and prosecutors may still argue that an e-bike still qualifies as a vehicle for DUI purposes. Here are the three classes of electric bicycles.
A Class 1 e-bike has an electric motor that assists you while you are pedaling. The motor does not operate unless you are pedaling. This class of electric bicycle is limited to a top speed of 20 miles per hour.
Class 2 e-bikes have an electric motor that can assist you when you are not pedaling. Class 2 e‑bikes may be propelled by a throttle but are limited to a maximum assisted speed of 20 miles per hour. Sometimes, a police officer may pull you over when you are riding this kind of bicycle, especially if you are riding in the traffic lane and engaging in behaviors like weaving or speeding.
A Class 3 e-bike has a more powerful motor that, with pedal assistance, can reach speeds of up to 28 miles per hour. Class 3 e‑bikes are generally prohibited on bicycle and multi‑use paths unless the path is adjacent to a roadway or local authorities permit their use.
It may be tempting for some police officers or prosecuting attorneys to claim that e-bikes are more like a motorized vehicle, like a moped under ARS 28-101(48), or a motorcycle under ARS 28-101(49), or a “motor-driven cycle” under ARS 28-101(50), based on the fact that they are equipped with a motor, but all these subsections specifically exclude electric bicycles.
The likelihood that you will be charged with DUI for “biking under the influence” is so remote as to be practically non-existent. Such charges are commonly subject to dismissal when properly challenged, depending on the facts and court interpretation.
Some police officers or prosecuting attorneys may want to stretch the definition of an electric bicycle into another category, like a motor-driven cycle. Still, such attempts face significant legal obstacles given the explicit statutory definitions that exclude electric bicycles from these other categories of motor vehicles.
Similarly, some police or prosecuting attorneys may try to draw electric bicycles into DUI cases by claiming that ARS 28-1381 lacks an explicit exception for electric or motor-assisted bicycles, or that e-bikes are “motor vehicles” for DUI purposes. Still, these interpretations are inconsistent with the statutory scheme in Arizona:
You may be charged with another kind of crime if you are under the influence of alcohol or drugs while riding a bicycle or e-bike in Arizona, but a DUI charge is unlikely to be among them.
If you have been charged with a DUI while riding a bike in Arizona, or any other kind of DUI, Rosenstein Law Group DUI defense attorneys can help you with your defense. Our criminal defense lawyers have many years of combined experience representing clients in plea negotiations and trials. They will aggressively defend you from the moment of your free initial consultation through the final resolution of your case.
You can reach us at any time, day or night, at (480) 248-7666 or use our online contact form to speak with an experienced Arizona DUI lawyer.