You may have thought you were doing the right thing — opting for a bicycle after a night out instead of getting behind the wheel of a car and putting others at risk— however, you still ended up with a ticket for cycling under the influence (CUI). This scenario isn’t especially rare, but there are resources that can help.
This is when it’s best to have a knowledgeable lawyer on your side. Cycling while under the influence of alcohol or other substances, sometimes called a bike DUI, is illegal in the state of California and can result in a criminal charge and fine. While not under the traditional vehicle DUI law, state code does dictate that it is a misdemeanor crime.
Staff at Bay Area Bicycle Law are experts in how the law pertains to cyclists – whether it be a personal injury case involving a crash or a criminal charge like a CUI. They can help you through this complex and sometimes confusing experience of being charged with a CUI.
Read on to understand more about the state law and then contact our office for a free consultation for your case. As you’ll see, CUI cases deserve the attention of a specialist who is well versed in cycling laws.
What to know about California’s CUI law
While the law is clear in that operating a bicycle while under the influence is not allowed, the specifics can be more nuanced, especially when you compare it to what is written into the traditional DUI law. The CUI statute 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.”
The following are how the CUI law differs from the California vehicle DUI law:
- The legal limit – With vehicle DUIs, the blood alcohol content (BAC) level is .08 for most drivers, .04 for commercial drivers and .02 for underage drivers. This is not the case for cyclists. Instead, determining toxication is based on indirect evidence, such as the smell of alcohol, erratic movements, or other noticeable features a police officer might pick up on. It’s not commonplace for a cyclist to have to take a chemical test to prove their level of intoxication like it is when a vehicle driver is arrested for suspected DUI, but it can happen.
- Fines – A vehicle DUI in California can result in 6 months of jail, but that is not the case with bicycles. Rather, a person can expect a $250 fine and no jail sentence.
- Penalties: A cyclist will also not face license suspension under the CUI law like vehicle drivers often do.
Based on these differences alone, being charged with a CUI is not as clear cut as it seems. The evidence does not often come from a chemical test like a traditional DUI, there are no true legal limits written into law, and there are lesser penalties. This can be a nerve-wracking experience and best handled by a professional who is experienced in cases that impact cyclists.
Why choose legal representation
While the consequences for a CUI are much less than that of a vehicle DUI, they still matter. Luckily, with an experienced lawyer, these charges can often be challenged. Navigating and understanding the law is crucial.
The CUI law states that a chemical test be made available to the cyclist if the cyclist asks for it. However, because there is no determined blood alcohol concentration (BAC) level in the CUI law like there is in the DUI law, punishment may be on a case-by-case basis. A chemical test may confirm that alcohol is present in the cyclist’s system and how much, but because the law doesn’t determine a specific limit that is too much to be cycling, it won’t have the same kind of relevancy it would in a DUI case.
Even if a chemical test is administered, it’s often at least an hour after the stop. As time passes, the body absorbs alcohol — for everybody this rate is different based on factors like weight, the amount of consumption, and whether they have also consumed food — and these results may paint a dishonest picture about the cyclist’s state when they were stopped.
This is where an expert in law matters. They can help fight a charge that may be unjust, especially if it isn’t backed by appropriate or proper evidence. An attorney can also help protect your rights throughout the legal process, ensuring you’re treated fairly.
Get in touch
Dealing with a CUI can be overwhelming. The first step is to talk to an attorney through a free consultation with Bay Area Bicycle Law. Tell us your experience. We’ll discuss the case, your options, and potential outcomes. Every case is different, which is why our staff is best suited for these legal matters. We only handle bicycle cases. It’s our only priority.
Call (415) 466-8717, email us at [email protected], or visit us online. Consultations are always free.