Can You Get a DUI on a Bike in California?

Can You Get a DUI on a Bike in California?

California is known for its sunny weather and coastal views. There are many bike-friendly places and spaces in the state. Some may believe that riding a bike while intoxicated is an acceptable alternative to driving while under the influence. However, this may not be the case. So, can you get a DUI on a bike in California? Knowing this information can help people understand the legal ramifications of biking while intoxicated.

Cycling Under the Influence

In California, riding a bike while under the influence of drugs and/or alcohol is referred to as Cycling Under the Influence (CUI). Although separate from a DUI (driving while under the influence), it is still a crime in California to cycle while under the influence. The law states that it is illegal to operate a bicycle on a public highway while under the influence of any drug, alcohol, or both.

While still a crime, the penalties for a CUI are less severe than those for a DUI. It will likely result in no more than a misdemeanor and a small fine. However, even though the penalties may not be as costly, cyclists are still expected to be safe while on the road. Cyclists should still obey traffic laws, and law enforcement is allowed to stop individuals on bikes if they are suspected of cycling while under the influence, particularly if they are riding dangerously.

Determining CUI Level

With a DUI, there are legal limits that a person must not exceed while driving. For average drivers, this blood alcohol content level is .08%. For commercial drivers, it is .04%, and for those under the age of 21, there is no limit (they must show no intoxication). On the other hand, there is no legal limit for CUIs. Instead, an officer looks for signs of intoxication. These signs include:

• The cyclist smells of alcohol
• Incoherent or slurred speech
• Dangerous or erratic cycling
• Other signs of intoxication

While these judgments are subjective and can be challenged in a court of law, they are grounds for an officer stopping a cyclist and potentially issuing a citation.

CUI Penalties

While having a DUI can result in various penalties, including a license suspension, having a CUI will likely not result in a license suspension, particularly for those over the age of 21. However, riders under 21 may face a license suspension or a delay in obtaining their driver’s license if they do not yet have one.

What About Electric Bikes?

Intoxication rules get much more complicated when it comes to electric bikes, or e-bikes. Only bicycles that are “propelled exclusively by human power” are covered by California Vehicle Code Section 21200.5. This indicates that e-bikes, which are propelled at least in part by electric motors, are governed by regulations that differ from those of ordinary pedal bikes, which are under the CUI Act.

In some situations, California law treats e-bikes more like motor vehicles. Although there isn’t a state law specifically prohibiting operating an e-bike while inebriated, anyone who does so may be charged with a regular DUI. This is due to the fact that all motor vehicles, which are defined as self-propelled vehicles, are subject to California’s DUI statutes. Since there is no set BAC limit for e-bikes, law enforcement, and prosecutors are free to decide whether a rider’s actions warrant a DUI charge.

Safety Tips for Cyclists

Although there are fewer severe penalties for cycling under the influence (CUI) in California than for a DUI, there are still serious safety dangers involved. Poor coordination, delayed reaction times, and impaired judgment raise the risk of collisions that could seriously injure cyclists, pedestrians, and other road users.

If you are a cyclist and you plan to drink, you should prepare and plan ahead of time. Some suggestions include walking instead of riding your bike, using public transportation, or having a designated driver take you where you need to go. Be sure to respect traffic laws whenever you are cycling, including riding in the direction of traffic, obeying signals, and using bike lanes where they are available and marked.

Additionally, even though a helmet is not legally required for adults in California, wearing one is an essential safety precaution for all riders. If you were to get into an accident, a helmet can offer great protection from brain injury.

FAQs About DUI on a Bike in California

Can You Get a DUI on a Bike in California?

In California, you can get be cited and even charged with a misdemeanor if you ride on a bike under the influence. This is referred to as a CUI (cycling while under the influence). Penalties for a CUI are less severe than those of a DUI and can include a misdemeanor on your criminal record and a fine.

In What State Can You Get a DUI on a Bike?

Many states issue DUI charges for cycling under the influence, including California. The specific rules surrounding it vary by state. In California, CUIs are handled separately from standard DUIs and carry lesser penalties. However, in other states, intoxicated cycling may result in a regular DUI charge, potentially including severe penalties like license suspension, fines, and even jail time, depending on the circumstances.

Is It Illegal to Ride a Bike on the Sidewalk in California?

In California, local laws determine whether it is permitted to ride a bike on the sidewalk. Although it is not strictly forbidden by state law, several cities have laws that limit or forbid riding a bicycle on a sidewalk, particularly in business districts. Bicyclists must yield to pedestrians, where permitted, and use caution to prevent collisions. When riding on sidewalks, make sure you are in compliance by always checking the local legislation.

What Are the Key Differences Between a CUI and a DUI?

Penalties and legal requirements are the main distinctions between driving under the influence (DUI) and cycling under the influence (CUI) in California. CUIs are misdemeanors that carry a fine, no jail time, and usually no suspension of a driver’s license for anyone over 21. DUIs come with harsher penalties, possible jail time, license suspension, and other penalties. CUIs determine intoxication based on observable behavior rather than precise blood alcohol content limits.

Contact The Law Office of Daniel P. Flores Today

If you have been charged with either a CUI or DUI, an attorney at The Law Office of Daniel P. Flores can help. Contact us today for assistance with your legal needs.