Many people who don’t want to risk a DUI decide to ride their bikes to parties and bars so they won’t drive home drunk. But if they decide to start bicycling home while still under the influence of alcohol or drugs, they are breaking the law. Fortunately, because biking under the influence may be less dangerous than drunk driving, California law provides dramatically less severe sentences to those convicted of this crime. While it’s best to walk or take an Uber when you’re drunk, biking is certainly a preferable option to driving a vehicle. If you have been accused of this crime, please call San Diego DUI attorney Peter M. Liss as soon as possible.
Consequences for Bicycling Under the Influence
Generally speaking, the person in the most danger when someone is Cycling Under the Influence (CUI) is the cyclist themselves. Because it is so much less dangerous to the public, the penalties for drunk biking are relatively light compared to driving a vehicle under the influence.
Under California Vehicle Code section 21200.5 (VC), those convicted of biking under the influence will face a penalty of $250 and no jail time. While this criminal offense is only punishable by a fine, it is still a misdemeanor offense that can end up on your criminal record for life. Fortunately, diversion programs available under California law allow many people convicted of this crime to avoid having the offense added to their record.
While minors are even more likely to qualify for a diversion program to keep the offense from their record, they are likely to be further penalized by the suspension of their license. Adults are not subject to a license suspension for 21200.5 (VC).
It is wise to take advantage of diversion programs when they are offered, as even a crime as minor as cycling under the influence can still make the police suspicious whenever they pull you over for a traffic infraction. If you have any conviction similar to a DUI, police are more likely to suspect you are driving under the influence of alcohol or drugs. As a result, they may ask you to submit to field sobriety tests or a chemical test to determine your blood alcohol, even if they only pulled you over for speeding. If you did enjoy a drink or two, you could be charged with drunk driving when you may have otherwise only received a speeding ticket.
Fighting the Charges
If you don’t qualify for a diversion, it is often advisable to fight the charges so you can keep this misdemeanor offense off your record. Like any other form of California DUI, you can defend yourself against these allegations if the arresting officer did not follow proper procedure.
In many cases, your San Diego biking under the influence defense lawyer may be able to have the charges reduced to an infraction or dropped, particularly if the police officer failed to follow standard procedure or if she violated your rights in some manner. For example, if you were riding a bicycle in your backyard, you did not violate the law because it only applies when you ride a bicycle on a public road. Similarly, the officer cannot force you to take a field sobriety test, though the same implied consent DUI laws apply to those on a bike, meaning you must submit to a chemical test when asked to do so.
What About Electric and Motorized Bikes?
With the proliferation of electric bicycles, more and more people are getting arrested for operating motorized bikes while drunk. Though motorized bicycles may seem to be just slightly faster bicycles, state law defines a vehicle as anything self-propelled or powered by something other than a person —and if something is considered a vehicle, you can receive a traditional DUI for using it while under the influence. While there is an exception on the books for motorized scooters and electric skateboards, these exceptions are very specific and do not apply to bicycles. In other words, if you have had a few drinks, you’re risking a real driving under the influence charge if you hop on an electric cycle.
Call a Criminal Defense Attorney
Aside from the charge of cycling under the influence, bicyclists who are arrested for this crime often face other, similar charges, such as being drunk in public, violating traffic laws on the bicycle, or being involved in a hit-and-run accident. A lawyer like Peter M. Liss can help you fight a charge under 21200.5 (VC) and any related crimes. If you have any questions or would like to schedule a free consultation with Mr. Liss, please call (760) 643-4050.