Is this DUI?

[07BlackSS]

Me and a couple of buddies were discussing this over the weekend and couldn't come up with a straight answer. All things hypothetical and that I am 21, what could happen...here it is:

Say I ride my Mongoose (pedal bike) to the local bar and get tanked(yes i am 21). As I am pedalling home I am swerving all over the place, on the sidewalk, not the street. A cop pulls up and notices that I am swerving and stops and asks if I am ok. Notices that I am drunk, what can he do? Is this a DUI? Public Drunkeness? what can happen?

Thanks!

[undercover]

ok lets see...It would not be a DUI (39:4-50) because it would need to be motorized bike. You do, if driving on the streets, have to follow all of the same laws a car would. 39:4-12 is "feet and hands on pedals and handlebars" so no doing "tricks" on the road. No, talking about criminal charges. If your diving is interfering with the public, say people have to move out of the way on the sidewalk for you to swerve down the road, or lets say you are yelling and causing a scene or being a nuisance, then you could be charged with Disorderly Conduct 2C:33-2. In NJ there is no such statute public drunkeness for the fact that it is not illegal to be drunk in a public place, it is illegal to act disorderly in public, being that a drunk person or sober person can be disorderly. Just think about the people that are just walking out of a bar during closeing at 3am that are drunk. they are not doing anything illegal, they are just drunk in a public place. Hope some of this helps, good question about the drunk biking. I was stumped and had to break out the state staute book.

[07BlackSS]

I was stumped and had to break out the state staute book.

Yes I stumped the officer lol! Thanks man, I appreciate the time you took to look it up and respond. I heard it is a little different in PA than NJ, so I am really interested in what CrownVic has to say. Thanks Again!