Cycling is a popular and eco-friendly choice in California, offering benefits like avoiding traffic, improving fitness, and reducing your carbon footprint. It also serves as an alternative for people who want to avoid the dangerous combination of alcohol or drugs with driving. While bicycles are not motor vehicles under California law, cyclists must still follow specific regulations, including those about cycling while intoxicated. Understanding these laws is crucial for anyone planning to ride their bike under the influence of alcohol or drugs.
Understanding “Cycling Intoxicated” Laws
In California’s cycling laws, a bicycle is any human-powered vehicle with one or more wheels, typically propelled by pedaling. It includes bikes powered by gears, chains, or belts. However, motorized bikes or mopeds are not considered bicycles. These bikes are subject to the same DUI laws as motor vehicles, so if you’re riding one, you must follow the same alcohol and drug restrictions as drivers.
According to California Vehicle Code (CVC) Section 21200.5, a highway refers to any public road or street, but not freeways. Bicycles are generally not allowed on freeways. Cyclists must stay on permissible roads and avoid restricted areas like freeways.
Is Cycling Intoxicated Illegal?
Yes, it is illegal to cycle intoxicated in California. This law applies if you are under the influence of alcohol, drugs, or both. Under California Vehicle Code Section 21200.5 VC, cycling while intoxicated is prohibited on public roads, trails, and highways. Cycling intoxicated is considered a misdemeanor and carries penalties.
Cycling while intoxicated can impair your ability to ride safely, just like driving under the influence. If you can’t control your bicycle or navigate traffic due to alcohol or drugs, the law considers you “under the influence” and holds you accountable for your actions.
What Are the Penalties for Cycling Intoxicated?
Cycling while intoxicated is a misdemeanor in California. If convicted, you face:
-
A fine: The maximum fine for this violation is $250.
-
No jail time: Unlike DUI convictions for motor vehicles, cyclists convicted of CUI do not face jail time.
To secure a conviction, prosecutors must prove three key elements:
-
You were riding a bicycle: This is a straightforward requirement.
-
You were riding on a highway: This includes public roads but excludes freeways.
-
You were under the influence: This means alcohol, drugs, or both impaired your ability to ride.
Does the Vehicle Code Apply to Bicycles?
Yes, California law treats cyclists similarly to motor vehicle drivers on public roads or highways. If you’re cycling intoxicated, you face the same Driving Under the Influence (DUI) laws that apply to motor vehicles. Section 21200 of the California Vehicle Code requires people on bicycles to follow the same rules as vehicle drivers, including those prohibiting intoxicated driving.
California Vehicle Code Section 21200.5 extends this provision to cycling while intoxicated. So, cyclists must understand that riding while intoxicated carries penalties similar to a DUI for car drivers.
What Are Some of the Legal Defenses to CUI?
If you’re charged with cycling under the influence (DUI), several defenses could reduce or dismiss the charges. Some common legal defenses include:
1. You were not under the influence
You may successfully argue that you were sober at the time of the incident. Proving your sobriety can lead to the dismissal of the charges.
2. You were not on a highway
The law applies only to cyclists on public roads or highways, which excludes private property. If you were cycling on private property, the law doesn’t apply.
3. There was no probable cause for the stop
Officers need probable cause to stop and arrest you. If the officer didn’t have a valid reason or cause for the stop, this could serve as a defense to suppress evidence collected during the arrest.
What Drugs or Substances Are Involved?
California law considers any substance that impairs your ability to ride safely as intoxicating. This includes alcohol, marijuana, prescription medications, and illegal drugs like heroin or cocaine.
Unlike DUI laws, which set a clear blood alcohol concentration (BAC) limit, there is no set baseline for drugs in your system. Therefore, any substance that impairs your ability to control your bike or ride safely could lead to a CUI charge.
For more details on cycling laws, visit the KAASS Law website.
Contact a Los Angeles Attorney Today
If you’ve been arrested for cycling under the influence in California, it’s essential to get help from an experienced attorney. A skilled lawyer can investigate your case, challenge weaknesses in the prosecution’s evidence, and protect your rights.
An attorney can argue that you were sober, that you were not on a public road, or that the officer didn’t have probable cause to stop you. These defenses can reduce or even dismiss the charges against you.
To schedule a consultation or case review, contact KAASS Law at 310.943.1171.