Bicycles and electric bikes are common ways to travel throughout Nevada, particularly in areas like Las Vegas where residents and visitors may use them to move between neighborhoods, restaurants, entertainment districts, and other destinations. But riding a bicycle after drinking alcohol can create legal and safety issues even when no car is involved and understanding those rights will be important for injury victims in the event of an accident.
What is Nevada’s DUI Law?
Nevada’s DUI statute, NRS 484C.110, prohibits driving or being in actual physical control of a vehicle while impaired and Nevada courts and law enforcement agencies have consistently interpreted “vehicle” in the DUI context to mean a motor vehicle, like a car, truck, motorcycle, or moped.
Can You Get a DUI While Riding a Bicycle in Nevada?
Under Nevada law, you cannot be charged with DUI for operating a traditional bicycle, qualifying electric bicycle, or electric scooter because these devices are excluded from the statutory definition of a “vehicle” used by Nevada’s DUI laws. However, that does not mean an intoxicated cyclist can ride without consequences.
Can You Be Arrested for Riding a Bike Drunk in Nevada?
Although an impaired cyclist cannot be charged under Nevada’s standard DUI statute, it does not automatically mean the police have no options to arrest drunk bike riders. Under NRS 202.595, local officers can arrest drunk people for reckless endangerment, which when someone acts or neglects a legal duty in willful or wanton disregard for the safety of people or property.
For example, legal concerns may become more serious if an impaired cyclist:
- Weaves through moving traffic
- Ignores traffic signals
- Rides directly into pedestrians
- Travels against traffic
- Makes unsafe turns into traffic
- Rides at night without required lighting
- Otherwise creates a substantial danger to others
Evidence of intoxication may become relevant when determining whether that behavior amounted to a willful or wanton disregard for safety.
What About E-Bikes, Electric Scooters, and Mopeds?
The classification of the device can matter significantly due to the design and build of electric mobility devices. However, a vehicle that looks similar to an e-bike may legally qualify as something different depending on its design, power, and operating characteristics. As such, Nevada law distinguishes between:
- Bicycles and electric bicycles- They are covered under NRS 484B.763, treated as human-powered or low-speed electric assist and are not subject to DUI laws.
- Electric scooters like the ones from rental companies around Downtown and the Strip are governed by NRS 484B.763 and not subject to DUI law.
- Mopeds (pedal-assisted motor-driven cycles) are subject to DUI laws under Nevada’s motor vehicle statutes.
- Motorcycles, including electric motorcycles are subject to DUI laws.
The line is drawn around motorization and classification, not speed alone. If you are not sure what category your vehicle falls into, the safest bet is to assume DUI applies and get a rideshare instead. Sorting out classification questions after an accident is much harder than avoiding the ride altogether.
The Penalties for Cycling Under the Influence in Nevada
The penalties under NRS 202.595 depend largely on whether someone is seriously injured or killed. If the conduct does not result in substantial bodily harm or death, reckless endangerment is generally a gross misdemeanor.
However, if the conduct results in substantial bodily harm or death, the offense can become a Category C felony, which can ultimately result in one to five years in state prison and potentially a fine of up to $10,000. For an injured person, however, the criminal charge is only one part of the situation. The same conduct that leads to criminal allegations can also become evidence in a personal injury lawsuit.
Can Your License Become Suspended for Cycling Under the Influence?
Here is where Nevada’s cycling under the influence (CUI) law is more forgiving than a full DUI, because reckless endangerment is not a DUI, a conviction:
- Does not suspend your driver’s license
- Does not add DUI points to your driving record
- Does not require DUI school, an ignition interlock device, or SR-22 insurance
Also, unlike Nevada DUI, there is no increased penalty for “repeat” reckless endangerment offenses in the CUI context. However, a gross misdemeanor on your criminal record still shows up in background checks, which can affect employment, housing, and professional licensing. And a felony-level CUI conviction is life-altering in ways that a car DUI often is not.
What Traffic Laws Apply to Bicyclists in Nevada?
Although bicycles are excluded from Nevada’s DUI definition, cyclists are still required to follow many of the same roadway rules as motorists. When police pull over an impaired biker, they almost always stack additional traffic citations under Nevada’s cycling rules in NRS Chapter 484B. For example:
- NRS 484B.763 says bicyclists and e-bike riders must follow the same traffic rules as drivers of motor vehicles, with limited exceptions. That means running red lights, blowing stop signs, and swerving across lanes are all citable.
- NRS 484B.768 requires cyclists to hand-signal before turning.
- NRS 484B.777 requires riders to stay as close to the right side of the roadway as possible.
- NRS 484B.783 requires working lamps, reflectors, and brakes on bicycles operated at night.
Each of these is usually a misdemeanor, but fines and court costs stack up fast when multiple tickets get written at once. And if you are weaving through traffic drunk at 2 AM with no headlight, expect to get all of them.
How Does a CUI Impact a Personal Injury Claim?
The criminal consequences of CUI are only half the picture, because if someone cause a bicycle accident while intoxicated and hurt someone, they can also be sued in civil court and have a personal injury lawsuit on their hands. Since Nevada is a modified comparative negligence state, it means anyone injured as a result of impaired riding can pursue compensation for:
- Medical bills
- Lost wages and lost earning capacity
- Pain and suffering
- Property damage
- Wrongful death (if someone is killed)
Furthermore, intoxication will weigh heavily against the defendant in that civil case because juries and insurance adjusters tend not to be sympathetic to drunk cyclists who injure pedestrians or other road users.
What to Do If You’re Stopped for CUI in Nevada
If a Metro officer pulls you over while biking impaired, a few things can protect you:
- Be polite and cooperative, but do not offer a full statement at the scene. Anything you say about how much you drank or where you came from will appear in the police report.
- You are not required to perform field sobriety tests on a bike. These tests were designed for drivers of motor vehicles. You can decline.
- You are not required to take a breathalyzer or chemical test because Nevada’s implied consent law only applies to DUI stops, not CUI stops.
- Do not flee or resist. That converts a gross misdemeanor into a much more serious situation.
- Call an attorney before making decisions about pleas, statements, or interviews.
What to Do If You’ve Been Hurt in a Nevada Bicycle Accident
Whether you were the impaired rider, the sober rider hit by a drunk driver, or a pedestrian struck by someone else’s bicycle, Nevada law gives you options and the next steps will depends on the specific facts, your injuries, and what you want to accomplish.
If you have been in a Las Vegas bike accident (drunk or sober, at fault or not), speaking with an experienced attorney early can protect both your criminal and civil rights. For more on how Nevada handles these cases, see our guides on Nevada’s comparative negligence laws and the 10 Nevada car accident laws you should know
At West Coast Trial Lawyers, we have recovered almost 2 billion for our clients, including victims of impaired drivers and cyclists across Las Vegas, Henderson, and Reno.
If you have questions about a bicycle accident or a CUI-related injury, call (213) 927-3700 for a free, no-pressure consultation. No call centers. No handoffs. You talk to a real attorney on your first call.
