You probably weren’t expecting to be arrested and charged with a crime for hopping on a bicycle after drinking or consuming drugs – but it can happen.
Because a bicycle DUI (driving under the influence) is not as commonly talked about as a vehicle DUI, it can be a confusing and overwhelming encounter, so let’s break it down. In the state of California, it is state law that no person shall ride a bicycle on a street while under the influence of alcohol, drugs, or both. This law pertains to the entire state, whether you’re in the Bay Area, Los Angeles, or in a rural community.
The 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.”
In some ways, the law seems straightforward. If convicted of the crime, you can expect to probably pay a ticket of no more than $250. But what happens after the arrest? This is where things can get more complex.
Here’s what you need to know.
No BAC levels + chemical tests
One detail you may notice is different from traditional DUIs is that with bicycle DUIs there is no blood alcohol content (BAC) limit written into the statute. With vehicle drivers, the BAC level is .08 for most drivers. For commercial drivers, it’s set at .04 and .02 for underage drivers. This leaves a big question over what should be considered “under the influence” while on a bicycle. Should it be aligned with what’s outlined in the vehicle DUI statute? Does that amount of alcohol or drug content make cycling as dangerous as driving?
In California, bicycles are not treated as “vehicles” like cars are in a legal context, so that’s why you can expect there to be differences between the laws for DUI.
With a vehicle DUI, a chemical test is standard procedure. This tells police your BAC level and how intoxicated you were behind the wheel. With no BAC level written into the bicycle DUI law, it can be challenging to know or understand what constitutes as cycling under the influence. And as a cyclist, you may not even receive a chemical test confirming the BAC. In vehicle DUIs, however, refusing a chemical test can add on to the penalties. This is one of the biggest differences you’ll notice during and after the arrest of a bicycle DUI.
The law says that the person arrested for the alleged crime may request the chemical test and the arresting officer shall perform it. If not requested by the cyclist, there may be no chemical evidence of having been under the influence. Instead, the arresting officer will have only relied on observing erratic movements, smelling the remnants of alcohol or drugs, or seeing the person partaking in drinking or using drugs while biking.
An officer also may request the cyclist to take a field sobriety test. These tests are optional for the cyclist, but often this is not a fact that is disclosed by police.
After an arrest: the punishment
Another way the two laws differ is that the fine for bicycle DUIs is set at a max of $250. A vehicle DUI can result in fines that are thousands of dollars, and this may be in addition to jail time, orders to take classes, and more.
The bicycle DUI is a misdemeanor offense – but it will also become part of your criminal record. For minors, there may be further consequences.
Do you need a lawyer for a bike DUI?
An attorney can be helpful in navigating the system after a bike DUI arrest. Just like any legal case, there are nuances that an expert will know how to better navigate than the average person.
If you’re a Bay Area cyclist in need of legal help with a bicycle accident case, call (415) 466-8717, email us at [email protected], or visit us online. Consultations are always free.