It’s not difficult to reason that it makes more sense to get on a bicycle after a night out, but it’s a decision that may come with its own series of consequences. Cycling is regulated in lots of ways in California, from where cyclists can ride to how their bikes should be outfitted. The driving under the influence (DUI) law that applies to cyclists is in many ways different from the vehicle law, but they do share similar qualities.
As such, the bicycle DUI law also comes with some common misconceptions.
The bicycle DUI law reads:
“Notwithstanding Section 21200, it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person’s blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person’s blood pursuant to Section 23612, and, if so requested, the arresting officer shall have the test performed. A conviction of a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250). Violations of this section are subject to Section 13202.5.”
If this was complex to understand, you’re not alone in thinking that. It’s in part the reason why Bay Area Bicycle Law exists today. Understanding how various laws affect cyclists isn’t always simple or easy. In fact, it can be downright daunting.
Read up on how the bicycle DUI law is applied in California and reach out to our staff for a free consultation if you’re experiencing a bike DUI case and need representation.
Myth 1: Punishment is as steep as a traditional DUI
Getting behind the wheel of a car after drinking or using drugs is serious business. It is with a bicycle, too, but you won’t find the same punishments if caught and convicted. Of course, this doesn’t mean a bicycle DUI is a walk in the park.
With a vehicle DUI, a first offense may come with jail time, a fine of up to $1,000, points against a driver’s license, and required classes.
While the two offenses sound similar in name, they differ in many ways. From jail time (not likely with a bicycle DUI, but common with vehicle DUI offenders) to the arrest itself, knowing how the process works can be extremely beneficial.
Most importantly, know that getting on a bicycle after drinking or using drugs won’t always be safe — you do run the risk of hurting others and yourself — and while the punishment may be lesser than with a traditional DUI, you still run the risk of being arrested and having to pay a fine.
Myth 2: There’s a legal limit for operating a bicycle
It’s illegal to ride a bicycle under the influence of drugs or alcohol, but how much is too much isn’t defined by law. In California, the blood alcohol content (BAC) level is .08 for most vehicle drivers, .04 for commercial drivers and .02 for underage drivers. These guidelines don’t apply to cyclists, so how is an illegal act determined? Mostly through indirect evidence, which includes the smell of alcohol or erratic movements by the cyclist. Under the bicycle law, there are no varying levels of intoxication.
As you’ll learn, a cyclist may not even take a chemical test to prove their intoxication. This can make a case a bit more complex than receiving a ticket.
Myth 3: Law enforcement always perform a chemical test
This is not true and one of the biggest nuances of the bicycle DUI law. The state law says that the person arrested for the alleged crime may request to have a chemical test of their blood, breath or urine – but if it’s not requested, it may not be completed. This is yet another way that the bicycle law differs from the vehicle DUI law and may be confusing to some.
Of course, there is no legal limit for bicycle DUI written into California law, so it’s often difficult to know how this will affect a legal case. A legal expert can become important to better understanding the meaning of either having or not having a chemical test completed during or immediately following the arrest.
Myth 4: You don’t need a lawyer for a bike DUI charge
It’s easy to look at a bicycle DUI charge, see the legal ramifications compared to a traditional DUI and think you don’t need a lawyer – but a legal expert can be especially helpful when the law for bicycle DUI is nuanced and vague.
If you are arrested for a bicycle DUI, you’ll likely have important questions about the process, such as whether the arresting officer acted in the proper way, if the act should be prosecuted at all, and what evidence exists for the crime. These are all legitimate questions and topics that Bay Area Bicycle Law staff can help answer and guide you through.
Unlike other law firms across the Bay Area, we only deal with bicycle-related cases. This means you get knowledgeable experts who only work on bike cases.
Call (415) 466-8717, email us at [email protected], or visit us online. Consultations are always free.
Myth 5: A bike DUI can’t affect your driving privileges
While it is generally true that a bicycle DIU won’t affect your driving privileges, this is not true if you are underage. If you are 13 to 20 years old and are convicted of a bicycle DUI, your driving privilege may be suspended or delayed for one year once you are eligible to drive.