Info Note for U.S. Military Personnel in Europe

Topic: Bicycling while intoxicated (BUI) overseas—what an Army Lawyer article means for you

Bottom line (read this first)

• Under the UCMJ, “any vehicle” includes a bicycle. If your blood-alcohol content (BAC) is 0.08 g/100 mL or higher outside the United States, you can face action under Article 113 even if the host nation would not prosecute a bicyclist at that level. Legal Information InstituteJSC

• “Vehicle” is defined broadly by federal law, and the MCM expressly points to 1 U.S.C. § 4—which covers “every description of carriage…used…as a means of transportation on land.” That sweep captures pedal-powered bikes. JSCLegal Information Institute

• Expect administrative fallout (e.g., suspension or revocation of U.S. Forces driving privileges; Soldiers may receive a GOMOR) even when a host nation issues only a fine. Local service/command traffic regulations make those consequences explicit.

What the article explains—clearly and practically

The Army Lawyer piece (Masterton, 30 May 2025) walks through why Article 113 applies to bikes and how jurisdiction, penalties, and license actions differ by country. Key points:

1. Why UCMJ applies to bicycles

• Article 113 criminalizes operating “any vehicle” while drunk or at/above the applicable BAC. Outside the U.S., the limit is 0.08, unless DoD sets a lower number by regulation. The MCM commentary directs you to 1 U.S.C. § 4 for the term “vehicle,” which courts read broadly for land transport (contrast McBoyle limiting aircraft). Result: a bicycle counts.

2. Why the military cares

• Beyond road safety, the article frames criminalization of BUI in terms of good order and discipline and service reputation; even self-inflicted injury from drunk biking can implicate punitive articles.

3. Who prosecutes overseas—host nation or the U.S.?

• Under the NATO SOFA, both may have jurisdiction; primary jurisdiction usually rests with the host nation for off-duty conduct, but states frequently waive to U.S. authorities in routine cases. U.S. policy seeks to maximize U.S. jurisdiction when appropriate. JAG Legal Center and School

Country snapshots you’ll actually use

(BAC figures shown in “promille” are host-nation units; the article converts them to U.S. units.)

• Germany

  • Bicycling “absolute” limit: 1.6 ‰ (~0.15 g/100 mL). Below that, enforcement turns on unsafe riding; above it, criminal liability attaches.

  • If your BAC is 0.08–0.149, you can be punished under UCMJ only (Germany typically would not prosecute at that level). Expect U.S. Forces license revocation and, for Soldiers, a GOMOR if handled as drunk driving.

• Netherlands

  • Bicycling limit: 0.5 ‰ (~0.047 g/100 mL); punishment is an administrative fine. If you’re 0.047–0.079, the Dutch have it (fine only). At ≥0.08, both have jurisdiction, though the Dutch often waive. A Dutch fine alone is not typically a “civilian court conviction” that triggers mandatory GOMOR language. JAG Legal Center and School

• Belgium

  • Bicycling limit: 0.5 ‰ (~0.047 g/100 mL); fine only. ≤0.079 is typically Belgian only; ≥0.08 is concurrent. U.S. actions usually affect on-post driving; state-license reporting depends on the length of any revocation.

• Romania

  • Zero-tolerance for bicyclists (fine only). Below 0.08 is Romanian only; ≥0.08 is concurrent. No separate U.S. Forces licensing scheme there; GOMOR requirements turn on whether there is a qualifying “civilian court conviction.”

What punishments and admin actions look like

• UCMJ exposure:

  • Article 113 supports NJP for routine BUI with no injury; court-martial is available and penalties increase sharply if an injury occurs. JAG Legal Center and School

• Administrative consequences:

  • U.S. Forces Europe driver’s license (AE/USAFE/USNAVEUR rules) can be suspended/revoked after UCMJ action—or following certain host-nation convictions. Soldiers generally face GOMORs for drunk/impaired driving convictions. Ramstein Air BaseIRP CDN

• Reporting to your U.S. state DMV:

  • Commands may notify state licensing authorities after revocations of one year or more; states decide what to do with that information. JAG Legal Center and School

Practical guidance for service members in Europe

1. Treat bikes like cars for alcohol decisions. If you’ve been drinking, assume 0.08 puts you inside Article 113. Your safest plan is walk, rideshare, taxi, or designated driver—even for a short pedal home. Legal Information Institute

2. Do not rely on local thresholds. In Germany you might be under 1.6 ‰ and still violate the UCMJ. In the Netherlands/Belgium, you could be over their lower thresholds and face a fine even when the U.S. doesn’t yet reach 0.08. Either way, you can face consequences. JAG Legal Center and School+1

3. Expect collateral effects. Even when a host nation issues only a fine, on-post/USAFEUR licensing and Army-specific reprimands can still follow if the case is handled under U.S. law or if local rules treat the outcome as a qualifying conviction. Ramstein Air BaseIRP CDN

4. E-bikes/e-scooters complicate things. Some devices may be treated more like motor vehicles under host-nation traffic law, which can raise stakes. When in doubt, don’t ride. (See 21st TSC legal safety guidance.) U.S. Army Home

5. If stopped: comply with lawful instructions; expect BAC/breath testing; contact your chain of command and legal office promptly.

A few legal touchstones (for leaders and JAs)

• Article 113 text and BAC rule (outside U.S. = 0.08 unless DoD lowers it by regulation).

• MCM 2024, para. 51: defines elements, ties “vehicle” to 1 U.S.C. § 4; discusses separate offenses under (a)(1) and (a)(2). JSC

• NATO SOFA art. VII: establishes concurrent jurisdiction, primary-jurisdiction rules, and waiver practice that frames who prosecutes first. NATO

• USAREUR/USAFEUR driver regs & Joint Traffic Regulation (AR 190-5 et al.): provide license/privilege suspension and GOMOR frameworks across services.

Risk management takeaway

Your command will treat drunk bicycling as a military justice and safety issue. In Europe, host-nation thresholds differ and SOFA rules can put you in either system—or both. The only reliable plan after drinking is do not ride.