Can you get charged with drink driving on a bicycle or e-scooter?

Picture this: you're standing outside the pub, and you've had one too many alcoholic drinks. You look at your car keys, and your common sense says, "Nah, I shouldn't drive".

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Luckily, right out the front is a shiny green and white e-scooter that seems like a much safer way to get home. However, the laws around drink-riding are just as strict and far-reaching as those for drink-driving.

Here's what you need to know.

Believe it or not, each state in Australia has explicit laws that state jumping on an e-scooter falls under the same rules that apply to drinking or drug use when behind the wheel of a car.

It is a full-on criminal offence that will stay on your record and affect you for the rest of your life, regardless of whether you have a driver's licence.

The New South Wales, Victorian, South Australian, Western Australia, Queensland and Northern Territory governments all subject you to the same laws as if you were driving a car.

For example, riding an e-scooter in New South Wales with a BAC over the legal limit will see you cop a low-range drink-driving charge, lose your licence, and possibly even get summoned to court.

The Australian Capital Territory has a slightly more lenient approach that won't stain your record: a $3200 fine. Tasmania is reviewing its laws to separate it from the same penalties you get while driving a car.

Yes, in most states, it is illegal to ride a bicycle under the influence of drugs or alcohol, but the fines are different compared to scooters.

While drink-riding on a scooter attracts the same fines and penalties as drink-driving, cyclists face their own separate laws for drink-riding in each state.

New South Wales has a separate punishment for riding a bicycle while under the influence of alcohol.

"Riding under the influence of alcohol is a serious offence. You can be fined or imprisoned by a court if you are found to be drink riding," according to Service NSW.

Those fines can range up to $2200 (for your first offence), and may also result in the loss of your car licence and even affect your demerit points depending on the charge you get. For serious repeat offenders, you can receive nine months in prison.

However, New South Wales police don't have the power to randomly breath test you on a bicycle, but you are subject to a blood/breath test if you end up in the hospital or involved in a collision that requires investigation. This differs from e-scooters considering that NSW says, "NSW Police will be able to conduct breath and drug testing of [e-scooter] riders, as they would the driver of any other motor vehicle".

In Victoria, you cannot lose your licence for riding a bicycle under the influence of alcohol or drugs. However, it is still an offence that can result in a $1400 fine and up to two months in prison. It falls under the old rule of 'drunk in charge of a carriage'.

The same as New South Wales, Victorian police cannot randomly breath test you, but they can if you end up in hospital.

The Queensland law states, "You must follow the same road rules as motorists if you want to cycle on Queensland roads. If you break the road rules on your bicycle, you may get a fine, but no demerit points are given".

Cyclists are given up to 40 penalty units for cycling under the influence, which means a fine of up to $4400 and even nine months in prison.

In South Australia, the law handbook says that, "As a vehicle is defined in section 5 of the Road Traffic Act 1961 (SA) to include a bicycle, persons riding a bicycle can be charged with certain offences under this Act if the offence applies to vehicles".

The fine is $500 and you can face jail time and lose your licence.

Unlike the other states in Australia, the cycling under the influence fine is separated from your driver's licence in Western Australia. You can expect to get a $100–$200 fine but harsher punishment can be handed out for repeat offenders.

If you ride a bike while under the influence of alcohol, you are subject to the same penalties as if you were driving a car in Tasmania, and fines range between $700 and $4200.

You can also land yourself in jail if you're a repeat offender or a serious risk to the public. Like the scooter fines, Tasmania is reviewing its laws to separate them from the same penalties you get while driving.

Drink-riding a bicycle is subject to the same penalty as drink-riding e-scooters in the Australian Capital Territory – a $3200 fine – but it will not affect your driver's licence.

The Northern Territory is the only place in Australia where it is not technically illegal to cycle drunk. You can still be fined for riding dangerously.

Across Australia, riding or driving a powered vehicle under the influence on public roads, and even the footpath, will result in the same fines as driving a car.

That means mobility scooters, motorised eskies, electric mopeds and even a horse.

If you are drunk and need a ride home, don't risk it – just get a taxi or walk home. But don't be too drunk walking home because you can still get a public intoxication fine.