Breathalyser limit on the bike: Rules & penalties for drinking alcohol while cycling

Firstly, the most important information: cycling under the influence of alcohol is not a good idea, even if it is permitted to a certain extent. Very few people can realistically estimate their blood alcohol level and the blood alcohol level calculators on the internet are also rather unreliable. Warnings such as "Do not use the alcohol calculator to decide whether or not you are still authorised to drive a vehicle" should therefore also be taken seriously by cyclists.

Nevertheless, it is not illegal to get on your bike and cycle home after a glass of wine. There are clear laws that regulate cycling under the influence of alcohol. However, it's not always easy to say what's okay and what's not. If you want to get home with a clear conscience after a long evening, it's better to bite the bullet and call a taxi, take public transport or walk home. For those who still decide to cycle, the following information is relevant.

What is the drink-drive limit for bicycles?

The drink-drive limit for cyclists is much higher than that for car drivers. However, from 1.6 per mille, a limit is also reached for cyclists that must not be exceeded. Cyclists are then considered to be completely unfit to drive. They face a fine (approx. 30 daily rates), 3 points in Flensburg and a medical-psychological examination (MPU).

However, cyclists should also be careful from a blood alcohol level of 0.3 per mille: as soon as symptoms of alcohol-related impairment occur, a cyclist is considered relatively unfit to ride. Such signs of impairment include, for example, driving in serpentine lines, i.e. conspicuous driving behaviour. Causing an accident with 0.3 per mille or more also has consequences under criminal law.

The type of bicycle used by an intoxicated road user is also important: e-bikes with pedal assistance of up to 25 km/h are regarded under criminal law as ordinary bicycles without a motor. Pedelecs that provide assistance up to 45 km/h or e-bikes where the motor drives the bike on its own, on the other hand, are subject to the rules that also apply to car drivers.

This means that even pushing a bicycle can have criminal consequences if you endanger others by failing to drive or causing an accident. Even if pushing while under the influence of alcohol is not prohibited, a pedestrian who endangers other people or causes an accident by pushing is liable in principle.

The 0.0 per mille rule applies to drivers who are still in their probationary period and/or are under 21 years of age. However, this only applies when driving a motor vehicle. As a bicycle is not a motor vehicle, the 0.0 per mille limit does not apply to cyclists.

Should the drink-drive limit for cyclists be lowered?

Very few people reach a blood alcohol level of 1.6 during a cosy evening at a mulled wine stand. Of course, many factors such as age, weight and gender play an important role in the calculation. An example from the Allgemeiner Deutscher Fahrrad-Club (ADFC): A 25-year-old man, 1.80 metres tall and weighing 80 kilograms has a calculated blood alcohol level of "only" 1.37 after drinking 3 litres of beer in 3 hours, which means he can still cycle home as long as he does not display any unusual driving behaviour or cause an accident. But 3 litres is 6 Bavarian halves or 15 beers with o.2 litres. With this blood alcohol level of 1.37, inconspicuous driving behaviour is therefore very unlikely.

However, the high, purely legal drink-drive limit may encourage people to cycle home after all - especially as many people are often unaware of how drunk they appear to a sober person standing outside.

Looking to the future, there could be an additional danger limit of 1.1 per mille, at least if the ADFC has its way. This value corresponds to the absolute impaired driving ability of motorists. However, it is not justified to equate car drivers and cyclists completely, as the legal alcohol limits are based on the level of danger and bicycles pose less of a risk to other people than cars.

Accidents under the influence of alcohol on the rise

The possible introduction of a danger limit is intended to encourage cyclists to take personal responsibility. The number of accidents under the influence of alcohol rose from 4 to 5 per cent between 2015 and 2021, measured against the total number of cycling accidents. By comparison, the figure for car drivers is 2.2 per cent. In absolute figures, the ADFC speaks of an additional 800 cyclists involved in accidents per year due to the increase.

The number of bikers involved in accidents is linked to the blood alcohol level, among other things: Of cyclists under the influence of alcohol, 83 per cent have an accident with a blood alcohol level of 1.1 or more, which is why the danger limit is intended to ensure greater safety.