Last Updated on July 2, 2025
You know you shouldn’t drive drunk, so it may seem reasonable to take a bike to Pure Project Vista and then enjoy a scenic ride through Buena Vista Park. But despite your good intentions, riding a bicycle after drinking at a party, microbrewery, or bar to avoid the dangers of drunk driving is still risky —and a crime. California has a particular type of DUI specifically for those who ride a bike while drunk or on drugs. Fortunately, the sentencing for biking under the influence reflects the fact that it is far less dangerous than drunk driving. While it’s still 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 cycling under the influence in Vista or the rest of San Diego County, please call DUI attorney Peter M. Liss as soon as possible.
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What are the Penalties for Biking Under the Influence in Vista?
Generally speaking, when someone is Cycling Under the Influence (CUI), they are putting themselves in more danger than anyone else. Though riding a bike while drunk is still a poor decision, the penalties are much less severe compared to a DUI because the bike’s operator is presenting much less of a threat to the public at large.
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 criminal records.
While minors are 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 driver’s license. Adults are not subject to a license suspension for offenses under 21200.5 (VC).
It is wise to take advantage of diversion programs when 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 or if the prosecution lacks sufficient proof to show that you were:
- Riding a bike
- On a public street or sidewalk
- While under the influence of alcohol or drugs
In many cases, your 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 bike 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 is the Legal BAC Limit for Riding a Bike in California?
While drivers of motor vehicles are subject to a 0.08% BAC limit, there is no such limit for cyclists. For this reason, police are not legally required to administer chemical tests in these cases. A bicyclist accused of riding while intoxicated has the right to request such a test, and if an officer denies it, this can contribute to the rider’s defense. Even if the cyclist didn’t request such a test though, their defense attorney can still use this lack of physical evidence on their client’s behalf —especially because many other signs of intoxication, such as a red face and erratic movements on the bike, can easily be explained away by lack of experience with cycling or overexertion.
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 particular and do not apply to bicycles. In other words, if you have a few drinks and hop on an electric bike, you’re risking an actual driving under the influence charge, with jail time, significant fines, and a driver’s license suspension.
Those accused of this crime may also be charged with other offenses. In many cases, they are initially stopped by police for operating a bike at night without proper lights, leaving them with a citation for failing to equip their bicycle properly. Riders may also receive traffic citations for violating traffic laws while on their bicycle.
More serious misdemeanor charges can also be filed, including minor in possession of alcohol, drug possession, or public intoxication. You can even be charged with hit and run if you are in an accident while riding a bike and leave the scene of the accident without exchanging information with the other party.
Call a Criminal Defense Attorney
A lawyer like Peter M. Liss can help you fight cycling under the influence and any related charges in California. If you have any questions or want to schedule a free consultation with Mr. Liss, please call (760) 643-4050.
