Cycling Under the Influence (CUI) – California Criminal Law
Contents
Drunk & Bicycling
Riding a bicycle under the influence of alcohol or drugs is a crime in California. A person convicted for cycling under the influence will face a fine of $250. The fine is not much in comparison to the fine in a drunk driving case. Yet, with that said, this amount can be substantial to some people.
There is no reason not to fight the charge or the fine. In fact, there are several issues that make CUI cases weak. 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 technically “vehicles” under California law. Therefore, cycling under the influence is not under 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 receive a CUI. There are places such as bike trails and parks.
Cycling Field Sobriety Test
In the course of a CUI investigation, a police officer may ask the cyclist to complete a field sobriety test. The police use the field sobriety test for people they stop while driving. The test tells police whether a driver is operating a car under the influence of alcohol.
According to the majority of California criminal defense attorneys, the field sobriety tests tend to lean in favor of the police. That is to mean, it is easier to fail a test than it is to pass. Most often, 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.
Cycling Similar to Driving
For people riding bicycles along public highways, the Implied Consent Law applies to them just as it applies to drivers 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.
Challenge Your Charges with a Lawyer’s Support
Just like cases involving driving a vehicle under the influence of alcohol, a charge for cycling under the influence is not a hole-in-one. A criminal defense lawyer with experience fighting CUI cases can aggressively fight the charges. This lawyer will keep negative consequences to a minimum.
Don’t fight your case alone. Contact an experienced DUI attorney to fight for you. The Kavinoky Law Firm employs only the best. Call 1.800.No.Cuffs 24/7, 365 days a year. We don’t sleep – so you can.
The American Trial Lawyers Association has named him one of the “Top 100 Trial Lawyers in California” each year since 2007. Los Angeles magazine has identified Darren as a “SuperLawyer” every year since 2010. Darren received an “AV Preeminent Rating” by Martindale-Hubbell (a peer review ranking that signals the highest level of professional excellence and ethics); a perfect 10.0 Rating by Avvo.com (an independent attorney ranking site), and many other accolades.