There are times when choosing to cycle over driving a vehicle makes perfect sense, but if you’ve been drinking or are under the influence of drugs and opt for a bike thinking that you’ll avoid legal consequences for “driving under the influence,” that may not be the case.
In California, like many other states, cyclists can be fined and face a misdemeanor charge for operating a bicycle while intoxicated, and while the $250 fine is much less than that of a DUI charge that comes with operating a car, it’s important to know the risks of cycling under the influence and what ramifications may follow.
What’s the law?
2100.5 in the California Vehicle Code states:
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.
Violating this statute is a misdemeanor crime and comes with zero jail time. However, because it is a misdemeanor and not an infraction, it will appear on a criminal record.
In a car, a first DUI with a blood alcohol content (BAC) of .08% or more can result in a four-month suspension. A second DUI within 10 years of the first may result in a one-year suspension.
For cyclists, there is no license suspension, as no license is required to operate a bicycle. This is one of the major differences between the two offenses. While more is at stake getting behind the wheel of a car, knowing what could happen on a bicycle while under the influence is important.
Evidence and defense
Unlike in driving cases, there’s no magic number for what constitutes “cycling under the influence.”
For driving, having a BAC of more than .08% sets forth the DUI legal process. And while in a cycling case an officer may want to perform a field sobriety test or chemical test to determine the BAC, the state law does not cite a specific BAC limit. Alcohol and other substances impact each person differently, so it’s best to be mindful about consumption if you are planning to ride, just as you would in any other circumstance.
Cycling under the influence might not be as noticeable as driving to some, but the officer who makes the stop still needs to have probable cause to do so. This may be that the cyclist isn’t following traffic laws or riding in a way that could cause harm to other road users. An officer should be able to state what has caused them to believe the cyclist may be under the influence.
If an officer does not have probable cause to make a stop, it’s possible the case could be dismissed or charges could be reduced. It’s best to talk with a knowledgeable lawyer if you’re stopped and charged with cycling under the influence. Because these cases are different from DUIs, it’s best to seek out an expert who is well versed in cycling laws in California.
There’s also been some question over what a “highway” means in this context. For the most part, take highway to mean a public street or road. If you’re riding on a private road, this law may not apply to you.
Safety first
While the legality of cycling under the influence is clear and the punishments are much different than they are for those behind the wheel of a car, cyclists should also consider the physical dangers of cycling when they are intoxicated.
According to a study from the National Institute of Alcohol Abuse and Alcoholism, alcohol is involved with approximately half of all traffic fatalities and around 30% of accident injuries. For cyclists, the risk is just as heavy as it is for drivers. The use of alcohol increases the risk of an accident by about 400%, and studies show that 15% of all bicycle injuries occur with the cyclist having consumed alcohol.
Research also shows that cyclists under the influence are less likely to use a helmet and partake in riskier riding behaviors, like excessive speed. These actions can put the cyclist at risk as well as other road users.
A busy street, even when there are dedicated bike lanes, requires complete awareness and focus. Because drivers are not always looking out for cyclists, it’s crucial that cyclists make themselves seen and refrain from erratic movements, which can happen when alcohol or other substances are involved.