My husband has bought an electric bicycle and says he can’t be breathalysed while using it on the road. Is he right?
I understand that there is no special provision at present under the Highway Code for electric bicycles and that they are treated the same way as ordinary cycles. That being the case a breath test would not be appropriate, since its use is connected with driving a motor vehicle whilst under the influence of alcohol. However it is an offence to ride a cycle on a road or other public place while under the influence of drink or drugs to such an extent as to be incapable of having proper control of the cycle. The police could ask your husband to dismount and walk in a straight line to establish his fitness to ride.