Even if it is permitted to a certain extent, it is not a good idea to get on your bike under the influence of alcohol. There is a clear drink-drive limit, but who can claim to be able to realistically estimate their own drink-drive level when drunk? Many people make the mistake of trying to calculate their blood alcohol level using online calculators. However, warnings such as "Do not use the alcohol calculator to decide whether or not you are still authorised to drive a vehicle" can be found on the pages of the calculators for a reason. Due to a certain unreliability of the per mille calculators, the warnings should also be heeded by cyclists.
However, cycling is permitted up to a certain blood alcohol level. If you only drink a mulled wine at the Christmas market, you do not necessarily have to expect criminal consequences if you want to cycle home. The laws on cycling under the influence of alcohol are clear, but the problems mentioned above can make strict compliance with them more difficult. For their own safety, any drunk person should use public transport, a taxi or other means of transport. If you still want to get on your bike and cycle home, you should read the following information.
How many per mille is allowed on a bike?
As already mentioned, cycling under the influence of alcohol is not prohibited. The drink-drive limit is actually quite high compared to the limit for car drivers. However, anyone caught cycling with a blood alcohol level of 1.6 per mille or more must expect serious consequences: In addition to 3 points in Flensburg, there is the threat of a fine (around 30 daily rates), as well as a medical-psychological examination (MPU). From 1.6 per mille, cyclists are considered to be completely unfit to drive.
However, there is also relative unfitness to drive. From a blood alcohol level of 0.3 per mille, cyclists who show signs of alcohol-related impairment can be held criminally liable. Alcohol-related impairment symptoms include, among other things, driving in serpentine lines. Causing an accident with a blood alcohol level of 0.3 or more also has consequences under criminal law.
Bicycle, e-bike, pedelec
Whether an intoxicated cyclist is travelling on a conventional bicycle or an e-bike with pedal assistance of up to 25 km/h makes no difference under criminal law. However, the following applies to riding a pedelec with up to 45 km/h and e-bikes, where the motor does not assist the rider but drives the bike on its own, the same rules as for car drivers.
Pushing the bike is also only permitted to a limited extent. As soon as other people are endangered as a result of a driver failing to drive or causing an accident, this can have consequences under criminal law. In principle, the person pushing the bike while under the influence of alcohol is liable.
Good news for young drivers: the 0.0 per mille rule, which applies to drivers who are under 21 and/or still in their probationary period, does not apply to cyclists, as a bicycle is not a motor vehicle.
Future reduction in the drink-drive limit for cyclists?
A cyclist is only considered to be completely unfit to drive if they have a blood alcohol level of 1.6 or more, but who can say how much that is? After all, many different factors such as weight, age and gender play a role in the calculation. The Allgemeiner Deutscher Fahrrad-Club (ADFC) illustrates the calculation using an example: a 1.80 metre tall, 80 kilogramme, 25-year-old man has a calculated blood alcohol level of 1.37 after 3 litres of beer consumed within 3 hours. 3 litres of beer is 15 Kölsch or 6 half pints, after which the man would still be legally allowed to ride a bicycle as long as he did not cause an accident or show signs of alcohol-related impairment.
Of course, inconspicuous driving behaviour with a blood alcohol level of 1.37 is extremely unlikely. However, the high legal drink-drive limit could encourage people to decide to cycle home after all - also because many people are not aware of how they appear to sober people on the outside when they are drunk.
The ADFC is therefore in favour of an additional danger limit of 1.1 per millewhich corresponds to the level of absolute unfitness to drive for motorists. However, motorists and cyclists should not be equated, as the legal alcohol limits are based on the level of risk. A bicycle poses less of a risk to other people than a car.
Number of accidents under the influence of alcohol on the rise
The number of accidents under the influence of alcohol also confirms the proposal to introduce an additional danger limit. Measured against the total number of bicycle accidents, the number of accidents under the influence of alcohol rose from four to five per cent between 2015 and 2021. For car drivers, the proportion is not even half as high at 2.2 per cent. The ADFC estimates that around 800 more cyclists are killed in accidents each year due to the increase in alcohol-related accidents from four to five per cent.
The blood alcohol level of the cyclists involved in accidents is also striking: Of cyclists involved in alcohol-related accidents, 83 per cent had a blood alcohol level of 1.1 or more - only 17 per cent of cyclists involved in accidents had a lower blood alcohol level. This is a good reason for lowering the drink-drive limit to 1.1 and introducing a danger limit to deter cyclists and ensure greater safety.
Lukas Niebuhr
Working student
