Montco man to do time for drunk bicycling

Jeffrey Burke had a DUI violation a few years ago and didn't want to get another.

So instead of driving after drinking on July 4 last year, he rode a bicycle from Narberth back to Havertown.

He got hit by a car - and then got arrested for drunk bicycling.

Yesterday, he was sentenced to serve 15 consecutive weekends in jail - 30 days - plus 22 months probation.

Under Pennsylvania law, a bicycle is considered a vehicle and riders are subject to almost all of the same rules as drivers of cars and trucks.

"Here, the statute is clear," said Anthony Gil, assistant district attorney for Montgomery County. "Someone on a bicycle is subject to the DUI statute and here Mr. Burke was pedaling his bicycle while under the influence on a roadway."

The driver whose car struck Burke's bike got a careless driving ticket, Gil said.

After all, Burke was hard to see on that stretch of Wynnewood Road.

"It was dark, he was wearing dark clothing, he was weaving in the middle of the road, and it was raining," Gil said.

Burke was treated at the scene, then - literally adding insult to injury - he was taken to a hospital to have his blood alcohol level tested.

It measured .155, about twice the legal limit of .08, Gil said.

Burke might have avoided jail time if he had shown up for his June 30 sentencing, Gil said.

But President Judge Richard J. Hodgson had to issue a bench warrant.

Hodgson lowered the boom in Common Pleas Court.

Burke was order to pay $1,500 fine plus court costs, and had his license suspeded for up to 18 months.

After evaluation for alcohol abuse, he will have to follow any recommended treatment, in addition to completing a class in alchohol-related highway safety, Gil said.

Burke's previous DUI offense allowed a harsher sentence, Gil said.

For a first offense, the maximum jail time is 72 hours, he said.

State courts have ruled against drunk bicyclists before, said Gil, who had to do a bit of research for his case.

Pennsylvania law spells it all out, he said.

One statute states: "Every person riding a pedalcycle upon a roadway . . . shall be subject to all of the duties applicable to the driver of a vehicle."

Elsewhere, a "vehicle" is defined as "every device in, upon or by which any person or property is or may be transported or drawn upon a highway."

The only exclusions are for devices on "rails or tracks" and for some devices used by disabled persons, such as self-propelled wheelchairs.

On whether a skateboarder could be charged with DUI, he didn't know.