Can You Get a DUI on a Bike in California?

When thinking about DUIs (Driving Under the Influence), many people might assume that cycling under the influence would be a loophole. Well, sorry to break it to you, but it is still technically considered a DUI when you operate a bicycle under the influence. While most people associate DUI charges with motor vehicles, California law has specific stipulations for those who cycle while under the influence. In this article, we dive deeply into the intricacies of California’s DUI laws, the potential penalties, and possible legal defenses.

DUI Laws in California

California’s DUI laws are outlined in the California’s Vehicle Code, specifically under Vehicle Code 23152(a), where it states that  it is illegal for anyone to operate a vehicle while under the influence of alcohol or drugs. The term “vehicle” is broadly defined and includes bicycles. This means that cyclists can face the same DUI charges as a car driver if they are found to be riding while impaired.

The Legal Definition of a Bicycle DUI

In California, Vehicle Code 21200.5 specifically addresses bicycling while under the influence. According to this section, it is illegal to ride a bicycle while under the influence of alcohol or drugs, even more so should the rider be influenced to the extent of being unable to safely operate the bicycle. With that in mind, this law is designed to promote safety for all road users, recognizing that impaired cyclists pose a huge safety risk to themselves and others.

Penalties for Bicycling Under the Influence

The penalties for a bicycle DUI in California are less severe than those for a motor vehicle DUI. Typically, a person convicted of a bicycle DUI may face a fine of up to $250. However, it is important to note that there is no jail time, as this offense does not carry the same weight as a motor vehicle DUI. Despite the lack of jail time, a bicycle DUI conviction can still have significant consequences, such as impacting your driving record and your eligibility should you be a motor vehicle driver.

Comparing Bicycle DUI and Motor Vehicle DUI Penalties

To provide a clearer picture, let’s compare the penalties for bicycle DUIs and motor vehicle DUIs:

• Motor Vehicle DUI Penalties:
  • Fines ranging from $390 to $1,000
  • Possible jail time of up to 6 months for a first offense
  • License suspension for up to 6 months
  • Mandatory DUI education programs
• Bicycle DUI Penalties:
  • Fine of up to $250
  • No license suspension
  • No mandatory DUI education programs

The stark difference in penalties underscores the less severe nature of bicycle DUIs, but it does not diminish the importance of safe cycling practices. Also, we would like to add that motor vehicle DUI fines can increase exponentially for certain cases. When considering possible attorney fees, increased insurance premium costs and impound fees; you might be looking at 10k plus in fines should you find yourself caught while driving under the influence.

The Impact of a Bicycle DUI on Your Driving Record

One common concern is whether a bicycle DUI affects your driving record. In California, a bicycle DUI conviction does not typically result in points being added to your driving record. However, it is crucial to understand that if you are convicted of a motor vehicle DUI in the future, the courts may consider your prior bicycle DUI conviction as part of your overall criminal record, potentially leading to harsher penalties.

Legal Defenses Against Bicycle DUI Charges

If you are charged with a bicycle DUI, there are several defenses that a skilled attorney may employ:

• Challenging the Evidence: Questioning the accuracy of field sobriety tests and breathalyzer results.
• Lack of Probable Cause: Arguing that the officer did not have sufficient reason to stop you in the first place.
• Questioning Officer Conduct: Examining whether the officer followed proper procedures during the arrest.

While each case is unique, the best defense will depend on the specific circumstances of your arrest. However, it is recommended to avoid being placed in a situation where you may feel compelled to bike while under the influence. 

Tips for Avoiding a Bicycle DUI

While understanding the legal ramifications is important, prevention is always the best strategy. Here are some tips to help you avoid a bicycle DUI:

• Plan Ahead: If you plan to drink, arrange for alternative forms of transportation to take you home such as a taxi, rideshare service, or a designated driver.
• Know Your Limits: Be aware of how alcohol affects your body and avoid cycling if you feel impaired.
• Stay Informed: Keep abreast of local laws and regulations regarding cycling and DUI. 
• Stay Sober: If you don’t drink, you can’t be charged with a DUI.

What Should I Do if I Am Involved in a Drunk Driving Accident?

While it is possible to receive a DUI on a bicycle in California, the penalties are generally less severe than those for a motor vehicle DUI. However, the risks and potential consequences make it essential to practice safe and responsible cycling at all times. Not to mention the potential safety risks these actions can pose to others on California roads. 

If you or a loved one have been a victim of a drunk driver or cyclist call (213) 927-3700 or use the online contact form to schedule a FREE consultation with our compassionate and talented legal team.