A Summit County sheriff’s deputy saw the man swerving in the Sun Peak neighborhood of Park City around 11 p.m. July 14, according to Chief Deputy Kacey Bates.
The arresting deputy said they saw the biker nearly collide with vehicles multiple times and drift into oncoming traffic before they pulled him over.
The deputy arrested the man on suspicion of intoxication, a class C misdemeanor.
Utah’s DUI law is written with motor vehicles in mind, leaving it up to attorneys’ and judges’ interpretations whether to charge cyclists. A Nevada man was convicted of a DUI after biking away from a bar in Vernal in 2008.
Other parts of state law exempt Utahns from having their licenses restricted for committing alcohol- and drug-related offenses while cycling.
Utah law only penalizes drinking and driving on a class 2 e-bike as well, the only recognized class of e-bike with a throttle. People on non-electric bikes and other e-bikes may transport open containers.
Bates said the arresting deputy’s report does not specify what class of e-bike the man was riding in Sun Peak.
As of Monday, the man was no longer in custody and no charges had been filed.
