Can You Get a DUI on a Bike or a Horse in Arizona?
Short answer:
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Regular bicycle or riding a horse: No DUI, but you can still be cited for other offenses.
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Anything with a motor (e-bike with a throttle, gas “whizzer,” e-scooter, moped, ATV, car): Yes—DUI law can apply.
If you were stopped in Tempe or anywhere in Maricopa County, talk to us before you plead to anything.
Ted Law – Tempe DUI & Criminal Defense
Call 602-453-3100 • 2233 W Baseline Rd, Ste C-101, Tempe, AZ 85283
Free, confidential consults.
Why a bicycle or horse usually isn’t “DUI” in Arizona
Arizona’s DUI statute (A.R.S. § 28-1381) makes it illegal to drive or be in actual physical control of a vehicle while impaired. Under Title 28, a “vehicle” is a device used to transport people/property on a roadway but excludes devices moved by human power (like a standard bicycle). A horse is an animal—not a “device”—so it’s not a “vehicle” either.
Bottom line: Riding a human-powered bike or a horse while drunk typically does not meet the definition for DUI in Arizona.
⚠️ Exception: If you’re operating an animal-drawn carriage/cart, that device is a “vehicle.” DUI exposure can exist for the driver of the buggy/cart—not a person merely riding a horse.
What about e-bikes, e-scooters, mopeds & “whizzers”?
If it’s powered by a motor (gas or electric), it can fall within Arizona’s “vehicle” definition (even if it’s not a “motor vehicle”). That means DUI can apply to:
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Gas-assist bicycles / “whizzers”
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Many stand-up e-scooters
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Mopeds & motorized skateboards
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Mini-bikes, ATVs, UTVs, and of course cars/trucks
These cases often turn on the device’s specs (power, top speed, throttle/pedal-assist), where you were riding, and how the officer articulated “actual physical control.”
“So I’m safe on a bike/horse, right?” Not necessarily.
Even when DUI doesn’t apply, police can (and do) charge other offenses if your conduct is unsafe or disruptive, such as:
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Disorderly conduct (A.R.S. § 13-2904)
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Endangerment (A.R.S. § 13-1201)
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Criminal nuisance (A.R.S. § 13-2908)
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Obstructing a highway / traffic violations (Title 28)
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Animal-related offenses (if a horse is put at risk)
Arizona has no statewide “public intoxication” crime, but conduct-based charges still apply.
“Actual Physical Control” still matters
With motorized devices, you can face DUI even if you weren’t moving when contacted (e.g., straddling an e-scooter with the power on). The facts—location, keys/power state, impairment clues—decide APC.
Penalties if DUI applies to your motorized device
Arizona DUI penalties are harsh (jail, ignition interlock, license issues, fines, classes). Certain devices also trigger license suspensions and interlock. The exact outcome depends on BAC/BrAC, priors, and the device category.
Defenses we use in “bike/horse/e-scooter” cases
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Not a “vehicle” under Title 28 (human-powered bike, horse)
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Device classification (pedal-assist vs. throttle, power/speed limits)
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No actual physical control
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Illegal stop/seizure or bad field sobriety procedures
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Faulty breath/blood testing
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Body-cam/video contradictions
What to do after a stop or citation
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Say you want a lawyer and remain polite & silent.
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Don’t guess about your device’s classification on the roadside.
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Write down details (location, device make/model, settings, names of witnesses).
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Call Ted Law, Tempe: 602-453-3100.
Talk to a Tempe DUI Lawyer Today
Questions about a stop on a bike, horse, e-scooter, moped, or e-bike? We’ll review the device, the statute, and the stop—and move fast to protect your license and record.
Ted Law | DUI & Criminal Defense – Tempe
602-453-3100 • 2233 W Baseline Rd, Ste C-101, Tempe, AZ 85283
paralegal@tedlaw.net • Free consultations • Flexible payment options
This page is general info, not legal advice. Laws and local ordinances evolve; your facts control the outcome.