Cycling Under the Influence (CUI)

Riding a bicycle under the influence of alcohol or drugs is considered a crime in California. A person convicted for cycling under the influence will face a fine of $250. The fine is not much compared to the fine in a drunk driving case, but this amount can be substantial to some people. There is no reason not to fight the charge or the fine. There are several issues that can make CUI cases weak, and an experienced DUI / DWI lawyer can successfully challenge a cycling under the influence case based on these issues.

There are several elements that a prosecutor must prove in order to convict someone of drunk driving. A primary element is that the person was driving a vehicle while under the influence of alcohol. Bicycles are not considered vehicles under California law, and therefore cycling under the influence is not governed by the same California Vehicle Code laws that address driving vehicles while intoxicated. Instead, the California Vehicle Code has a separate provision that states that it is unlawful to ride a bicycle on a highway while intoxicated. Highway refers to most public streets. However, there are other places where one may be accused of CUI, such as bike trails and parks.

In the course of a CUI investigation, a police officer may ask the cyclist to complete a field sobriety test. The field sobriety test will be the same test used for people who are stopped for driving a car under the influence of alcohol. According to experienced California criminal defense attorneys, the field sobriety tests are created so that people will fail them. Oftentimes the police officer will have made up his or her mind that they are going to make an arrest, yet they will go on and do more field sobriety tests simply to try to gather additional evidence against the person under investigation. Furthermore, it is important to understand that field sobriety tests are not mandatory. An individual can choose not to do the tests.

For people riding bicycles along public highways, the Implied Consent Law applies to them just as it applies to drivers who are arrested for drunk driving. This law requires that once a person has been arrested for driving or cycling while intoxicated, that they submit to a chemical test. Refusal to submit to a chemical test can carry additional penalties and consequences. In cases of driving under the influence of alcohol, the legal limit for driving a vehicle is .08 percent of an individual’s blood alcohol content. There is no similar rule for cyclists. Whether a person was too impaired to ride a bicycle along a highway must be proven with circumstantial evidence.

There are several ways to attack a CUI charge. One of these is to challenge whether the cyclist was in fact riding on a “highway.” Although the definition of highway includes public streets, it excludes driveways and private roads. It also excludes many recreation areas where bikers may be, such as mountain bike trails or boardwalks by the beach. Another way to attack the charges is by way of attacking the results of the chemical tests.

Just like cases involving driving a vehicle under the influence of alcohol, a charge for cycling under the influence can be successfully challenged. A criminal defense lawyer with experience fighting CUI cases can aggressively fight the charges and keep negative consequences to a minimum.