Drinking and cycling is illegal in most Australian states, but the penalties vary. In Victoria, for example, cyclists can be charged under the same rules that govern horse-drawn carriages. If convicted, the penalty is around 10 penalty units (approximately $1,400) or up to two months' imprisonment. However, police in Victoria do not have the power to breathalyze cyclists, and cyclists cannot be penalized with demerit points or lose their driving licenses. In Queensland, the penalties are stricter, with a maximum of 40 penalty units ($4,400) or nine months in prison. In New South Wales, cyclists can be charged with using or attempting to use their bicycle under the influence, with a maximum penalty of $2,200 and/or nine months' imprisonment for a first offense.

Do drink driving laws apply to cyclists?

Cyclists in Victoria can be charged under the 'Drunk in charge of a carriage' offence

In Victoria, cyclists are subject to the same road rules as other road users, as well as some extra rules that specifically apply to bicycles. While there is no specific offence for riding a bicycle while intoxicated, cyclists can still be charged under the "Drunk in charge of a carriage" offence. This law dates back to the days of horse-drawn carriages and has not been updated beyond the amount of the fine.

If convicted under this offence, cyclists can expect to pay a fine of around 10 penalty units, or approximately $1,400, or face up to two months' imprisonment. It is important to note that the police do not have the power to breath test cyclists, but if hospitalised, a blood test may be taken to determine blood alcohol content. Cyclists cannot be issued demerit points or have their licence revoked under this offence.

While there have been some moves to introduce legislation specifically targeting drunk cycling in Victoria, the idea has received mixed responses. Some argue that cycling while intoxicated poses a serious risk to the cyclist and other road users, while others contend that criminalising drink cycling may lead to an increase in people choosing to drive after drinking. It is worth noting that cyclists in Victoria who drink and ride do not significantly contribute to the road toll.

Police in Victoria can't breathalyse cyclists, but can request a blood test in hospital

In Victoria, Australia, police officers are not authorised to administer breathalyser tests on cyclists, even if they suspect that they are under the influence of alcohol. This is because the offence of riding a bicycle while intoxicated is not specifically outlined in Victorian law. However, this does not mean that cyclists are exempt from all consequences if they choose to drink and ride.

If a cyclist is involved in an accident and ends up in the hospital, the police can request a blood test to determine their blood alcohol level. In this scenario, the police must follow specific protocols when requesting a blood test. They can only do so if:

• The cyclist has been assessed for impairment by a drug and, in the police’s assessment, may be impaired by drugs (section 55B).
• The police reasonably believe that the cyclist was involved in an accident that resulted in death or serious injury (section 55BA).
• The cyclist is aged 15 or older and has been brought to a place for treatment after a motor vehicle accident (section 56).

It is important to note that refusing a blood test in Victoria is considered an offence. If a cyclist refuses a blood test, they may face fines or even imprisonment, depending on their previous offences. Additionally, their licence will be cancelled, and they will be disqualified from obtaining a new one for a period of time.

While Victoria does not have specific laws regarding cycling under the influence, cyclists can still be charged with other offences, such as being drunk in a public place or being drunk and disorderly. These offences carry penalties such as fines or imprisonment.

Cyclists in Queensland can be fined $4,400 or imprisoned for nine months

In Queensland, cyclists can be fined up to $4,400 or imprisoned for nine months for riding under the influence of alcohol or drugs. This is because Queensland considers riding anything while drunk, that is not a motor vehicle, to be an offence. This includes bicycles, lawnmowers, and horses.

The specific legislation in Queensland states:

> Any person who, while under the influence of liquor or a drug, drives or is in charge of any vehicle (other than a motor vehicle) on a road, or attempts to put in motion any vehicle (other than a motor vehicle) on a road, is guilty of an offence.

This law highlights the potential risks and consequences of riding a bicycle while intoxicated. While it may seem like a convenient or cheaper option than taking public transport or a taxi, cycling under the influence of alcohol or drugs can significantly impair your abilities.

It is important to note that the penalties for drink cycling in Queensland are more severe than in other Australian states. For example, in South Australia, a similar offence carries a fine of $500, while in Western Australia, the fine is only around $100.

In Victoria, the laws are quite outdated and are classed under 'Drunk in charge of a carriage', which includes horse-drawn carriages. The fine for this offence is around $1,400, or you could face up to two months in prison.

Cyclists in NSW can be fined $2,200 for a first offence

In New South Wales, cyclists are subject to the same road rules as other vehicles and are held to the same standards as motorists. A bicycle is considered a vehicle, and as such, drink-driving restrictions apply. Cyclists in NSW can be charged with using or attempting to use their bicycle under the influence of alcohol or drugs. The maximum penalty for a first offence is a fine of $2,200 and/or nine months' imprisonment.

The Road Transport Act 2013 states that low-range, mid-range, and high-range drink-driving offences do not apply to cyclists. However, they can still be charged and face significant penalties if found to be riding under the influence. The police have the power to request a breath or blood test if a cyclist is involved in an accident or is pulled over. While cyclists cannot be issued demerit points, they can lose their driver's licence for up to a year for a first offence.

It is important to note that the penalties for bicycle offences in NSW are usually issued by a police officer on the spot. These penalties can be reviewed and contested in local court, but tougher penalties may be imposed if the court finds the cyclist guilty.

The NSW Government takes bicycle offences seriously, and the fines for such offences are among the highest in the world. For example, the fine for running a red light or riding dangerously increased to $425, and the fine for not wearing a helmet rose to $330. These harsher penalties have led to a surge in the number of fines issued to cyclists, resulting in significant revenue for the state government.

Cyclists in Tasmania face the same penalties as drunk drivers

In Tasmania, cyclists face the same penalties as drunk drivers. The penalties for riding a bicycle under the influence of alcohol are the same as those for driving a motor vehicle. The penalty varies depending on the cyclist's level of intoxication, but it can be as high as 12 months in jail and 30 penalty units for a first offence. If caught a second time, the penalty can double.

While the laws in Tasmania treat cyclists and drivers the same, this is not the case in all Australian states. In Victoria, for example, there is no specific offence for riding a bicycle while intoxicated. Although cyclists can be charged with other alcohol-related offences, such as being drunk in a public place, the police do not have the power to breath test cyclists. This means that, unlike in Tasmania, cyclists in Victoria cannot lose their driving licences for riding while drunk.

The lack of a specific offence for drunk cycling in Victoria has been the subject of some debate. Some argue that cycling while intoxicated poses a serious risk to the cyclist and other road users, and that it should be treated as seriously as drunk driving. Others, however, worry that criminalising drink cycling could lead to more people opting to drive after drinking, potentially causing more harm. It has also been pointed out that cyclists who drink and ride in Victoria do not contribute significantly to the road toll.

In other states, the penalties for drunk cycling vary. In South Australia, it is considered an offence under the same law as drunk driving, but the fine is lower at $500. In Queensland, the penalties are more severe, with a maximum of 40 penalty units ($4,400) or nine months in prison. In New South Wales, cyclists can be charged with using their bicycle under the influence, with a maximum penalty of $2,200 and/or nine months in prison for a first offence. In Western Australia, the fine is two penalty units, or around $100.

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