In today's pursuit of a healthy lifestyle, cycling has become the top choice for many modern people. However, when it comes to cycling under the influence of alcohol, many may wonder: Does this count as drunk driving? This article will delve into the legal definitions of cycling under the influence and provide related advice from the perspective of traffic safety.

Scope of Criminal Responsibility

First, let's look at the provisions of the criminal law: Article 185-3, Paragraph 1 of the Criminal Code states: "A person who operates a motorized vehicle under one of the following conditions shall be sentenced to no more than three years of fixed-term imprisonment and may, in addition, be fined no more than 300,000 NT dollars: 1. If the alcohol concentration in the breath reaches 0.25 mg per liter or the alcohol concentration in the blood reaches 0.05% or above. 2. Under other circumstances than the previous item, sufficient to believe the consumption of alcohol or similar substances, causing inability to drive safely. 3. Consuming drugs, anesthetics, or other similar substances, causing inability to drive safely."
From the content of the law, it is known that the criminal responsibility for drunk driving only applies to the operators of "motorized vehicles", and since bicycles are not "motorized vehicles", they do not fall under the responsibility of Article 185-3, Paragraph 1 of the Criminal Code, meaning there is no criminal liability.

Details of Administrative Regulations

Road Traffic Safety Rules

Article 6, Paragraph 1 of the Road Traffic Safety Rules states the types and names of slow-moving vehicles as follows:

Bicycles: (i) Pedal bicycles. (ii) Electric-assist bicycles: Vehicles that pass type inspection, primarily powered by human force with electric assistance, with a maximum speed of less than 25 km/h and a weight of less than 40 kg. (iii) Electric bicycles: Vehicles that pass type inspection, primarily powered by electricity, with a maximum speed of less than 25 km/h, and a weight, excluding batteries, of less than 40 kg or including batteries less than 60 kg.

According to the Road Traffic Safety Rules, bicycles are defined as "slow-moving vehicles."

Road Traffic Management Punishment Ordinance

Looking at the provisions in the road traffic rules:
Article 73, Paragraphs 2 and 3 of the Road Traffic Management Punishment Ordinance states: "A slow-moving vehicle operator, who after testing is found to have an alcohol concentration exceeding the prescribed standards, shall be fined between 600 and 1,200 NT dollars. A slow-moving vehicle operator who refuses to undergo the aforementioned alcohol test shall be fined 2,400 NT dollars."

Therefore, it is known that bicycles are one of the slow-moving vehicles, and according to the provisions of Article 73 of the road traffic rules, it is prohibited to cycle under the influence of alcohol, and refusing an alcohol test while cycling will also result in a fine ranging from 600 to 1,200 NT dollars.

Additionally, according to the provisions of Article 120 of the road traffic rules, even "pushing or pulling a bicycle" under the influence is prohibited, so if you've been drinking, please put down your vehicle!
Article 120, Paragraph 1 of the road traffic rules states: "A person under one of the following conditions shall not drive or push/pull a vehicle: 1. Suffering from a disease that hinders operation. 2. Physical or mental condition or physical strength that cannot normally control the vehicle. 3. After consuming alcohol or other similar substances, if the alcohol concentration in the breath reaches 0.15 mg per liter or the alcohol concentration in the blood reaches 0.03% or above."

Therefore, it can be seen that cycling under the influence:

Does not incur criminal liability because it is not a "motorized vehicle" under Article 185-3 of the Criminal Code.
Will result in administrative penalties according to the Road Traffic Management Punishment Ordinance Article 73, and refusing to undergo an alcohol test while cycling will also incur fines.
Even pushing or pulling a bicycle while under the influence is not allowed!
Referenced laws: Criminal Code Article 185-3, Road Traffic Safety Rules Article 6, Road Traffic Management Punishment Ordinance Article 73.
 

Reference：Criminal Code Article 185-3、Road Traffic Safety Rules Article 6、Road Traffic Management Punishment Ordinance Article 73

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