Quote:
Originally Posted by drew
I am almost certain you can be charged with a DUI while riding a bicycle.
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You are quoting from a provincial statute, not the criminal code.
You can't be charged with impaired driving under the Criminal Code , unless you are operating a motor vehicle:
Quote:
Operation while impaired
253 (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not.
(a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
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The Criminal Code is different than the Provincial Statute. I haven't seen any recent case law related to charges under the MB Act, but the language seems pretty vague: "No person... who is, through drunkenness, unable to drive or ride it with safety to other persons who are on a highway or bicycle facility..." There is no quantum of blood alcohol specified, therefore open to wide interpretation. I'd doubt there are any charges under the statute. I suppose you could be fined, but it would not be a criminal charge any more than a traffic ticket is.