Overview:

RCW 46.61.790 addresses the protocol for law enforcement officers when encountering intoxicated bicyclists in Washington State. This regulation aims to ensure the safety of both the intoxicated individuals and the public by providing clear guidelines for officers to follow.

Key Provisions of RCW 46.61.790:

1. Assistance by Law Enforcement:
   • A law enforcement officer may offer transportation to a bicyclist who appears to be under the influence of alcohol or drugs and is found walking or moving along a public roadway.
   • The officer’s offer is subject to the condition that the bicyclist is not being taken into protective custody under RCW 70.96A.120.
2. Options for Transportation:
   • The officer can transport the intoxicated bicyclist to a safe place.
   • Alternatively, the officer can release the bicyclist to a competent person.
3. Right to Refuse Assistance:
   • If the bicyclist refuses the officer’s assistance, the officer is not obligated to provide it.
   • The law protects the officer, the law enforcement agency, the state of Washington, and any political subdivision of the state from legal action resulting from the bicyclist’s refusal of assistance.
4. Impoundment of the Bicycle:
   • The officer may impound the bicycle if its presence poses a threat to public safety and no reasonable alternatives to impoundment exist.
   • The bicyclist will receive a written notice detailing when and where the bicycle can be reclaimed.
   • The bicycle can be reclaimed by the rider when they are no longer intoxicated or by an individual who can establish ownership.
   • There is no fee for reclaiming the bicycle, but if it is not reclaimed within thirty days, it may be sold or disposed of according to agency procedures.

Legal Implications:

RCW 46.61.790 provides a structured approach for law enforcement officers dealing with intoxicated bicyclists. This regulation ensures the safety of intoxicated individuals by offering them transportation to a safe place and mitigating risks to public safety by allowing for the impoundment of bicycles when necessary. Additionally, the rule protects officers and agencies from legal repercussions if the bicyclist refuses assistance.

Why Hire Blanford Law:

Navigating legal issues related to intoxication, transportation, and public safety can be complex. Blanford Law offers expert legal representation to ensure your rights are protected and to guide you through any legal challenges. Whether you are dealing with charges related to intoxicated cycling or other legal matters, Blanford Law provides comprehensive support and expert guidance.

You can read the text of RCW 46.61.790 here: https://app.leg.wa.gov/RCW/default.aspx?cite=46.61.790

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About Blanford Law:

We are no-nonsense, relentless, fair, and honest. We are great listeners instead of fast talkers, that is just who we are. More than 20 years ago, Ken began practicing law with a deeply-seeded belief that every person has the right to the best legal representation available. He built his law firm on that belief. Another belief that he strongly adheres to is his fundamental belief that clients deserve respect, with no assumptions or preconceived notions.  If you or someone you know is accused of a crime or injured as a result of the negligence of another, please have them call us at 253-720-9304 or email us info@blanfordlaw.com