Is it illegal to ride a bike drunk? (Vehicle Code 21200.5 VC) Show
California Vehicle Code 21200.5 VC makes it a crime to cycle under the influence. This means to ride a bicycle on a public road, path or highway while under the influence of alcohol, drugs or both. A conviction is a misdemeanor that can be punished by
Note that officers will often cite this section as
Examples
DefensesCommon defenses to a CUI charge include showing that:
PenaltiesA violation of this statute is a misdemeanor. This is opposed to a felony or an infraction. Cycling under the influence is punishable by:
Our California criminal defense attorneys will highlight the following in this article: Vehicle Code 21200.5 VC prohibits biking under the influence of drugs or alcohol. 1. Is it illegal to cycle under the influence?Yes. Riding a bicycle on a highway while under the influence of alcohol and/or drugs is a criminal offense. This offense is often referred to as
A prosecutor must prove the following elements of the crime to convict you of 21200.5 VC:
Questions often arise under this statute on the meaning of:
1.1. BicycleFor purposes of these laws, a “bicycle” or “cycle” is an object that is:
Note that this definition does not include a “motorized bike.”3 Motorized bikes or mopeds are subject to California’s DUI laws as motor vehicles.4 1.2. HighwayUnder CVC 21200.5, a “highway” refers to any
A highway does not include a freeway. This is because cycles are generally prohibited on freeways. 1.3. Under the influenceCalifornia law says that you are “under the influence” of alcohol or drugs if:
A judge or jury determines if you are under the influence by looking at all the facts of the case.7
2. Are there legal defenses to 21200.5 VC?You can challenge an accusation of cycling under the influence with a good legal defense. Three common defenses that CUI/DUI lawyers use are:
2.1. Not under the influenceYou are only guilty under this statute if you were under the influence of alcohol or drugs. Further, this is determined by all of the facts of the case. This means it is always a defense for you to:
2.2. Not on a public highwayRecall that you have to be on a “highway” to be guilty under VC 21200.5. Therefore, it is a defense for you to say that you were not riding on a public road or street. Perhaps, for example, you were on a private road or someone’s driveway. 2.3. No probable causeArresting officers must have probable cause before they can stop or arrest you for a crime. If you were stopped or arrested for violating CUI:
This exclusion could result in the dismissal or reduction in charges. A pleasant day with fellow bicyclists can lead to a misdemeanor CUI charge. 3. What are the penalties?Cycling under the influence is a misdemeanor. The crime is punishable by:
4. Can I get a conviction expunged?You can get a criminal record expungement if convicted of CUI provided that you pay the fine. An expungement is favorable because it removes many of the hardships associated with a conviction. 5. Are there related offenses?There are three crimes related to cycling under the influence. These are:
5.1. Driving under the influence (DUI) – VC 23152aVehicle Code 23152a VC is a California DUI law. The statute makes it a crime for you to operate a motor vehicle while “under the influence” of alcohol, even if your blood alcohol concentration (blood alcohol level) is under the legal limit (below 0.08%). Note that “under the influence” has the same definition as it does under VC 21200.5. Also note that under VC 23152b, California drivers can also be convicted on DUI charges for driving with a blood alcohol content (BAC) of 0.08% or higher, even if you are not “under the influence” and are unimpaired. Common DUI defenses include
Drunk driving carries not only criminal penalties but also administrative penalties, such as a suspension of driving privileges. The only way to avoid a driver’s license suspension in a DUI case is to win both the criminal case and the DMV hearing. 5.2. Boating under the influence (BUI) – HN 655Harbors & Navigation Code 655 HNC makes boating under the influence (“BUI”) a crime. The statute makes it a crime for you to operate:
5.3. Public intoxication – PC 647fPenal Code 647 f PC is the California statute that makes it a crime for you:
Public intoxication, under this statute, can be because of either alcohol or drug use. For additional help…Arrested on under the influence charges in California? We invite you to contact our DUI attorneys at Shouse Law Group for legal advice. Our defense lawyers have law offices in Los Angeles and throughout the state. For information on similar crimes in Nevada, please see our article on: “Nevada Laws re Cycling Under the Influence (CUI).” Legal References:Is cycling while drunk illegal?If, for example, you cycled through a red light and were stopped by the police who suspected you were under the influence they could charge you with careless or inconsiderate cycling and cycling under the influence.
What happens if you get caught riding a bike drunk?Firstly, it is illegal to ride a bicycle on a road or other public places while unfit through alcohol. So if under the influence of drink and not in proper control of the bike, you are committing an offence. A police spokesman said: "Being drunk in charge of a pedal cycle is an offence under the Licencing Act of 1872.
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