Is it possible to get a DUI while riding a bicycle in California?

» Posted by on Nov 17, 2017 in Criminal Defense | Comments Off on Is it possible to get a DUI while riding a bicycle in California?

bicycle drunk driving

Cyclists are required by law to follow all the vehicle codes, rules and regulations as mandated by the state they are living in. The present law of cycling was added to the California Vehicle Code in 1985 and records the crime of cycling or bicycling while being drunk.

Cycling or bicycling under the influence (CUI) is likewise illegal in California as it is while driving under the effect of liquor or medications. Despite the fact that the punishment for a CUI is less harsh than California’s DUI penalties, a CUI is as yet a crime and will appear as a conviction. California Vehicle Code Section 21200.5 denies riding a bike while affected by liquor, drugs, or both.

The punishment for a CUI is a fine of not more than $250 and no prison time. Besides, if by any chance that you are under 21-years of age but over 13, a CUI conviction can bring about a suspension of your driver’s permit for a year, or if you do not have a license, it may delay you from receiving one for a year.

Frequently, a few hundred cyclists involved in crashes and are harmed or killed. An important aspect of the cyclists who passed away as a result of CUI had a countable blood liquor level at the time of the accident. Along these lines, many states ban cycling under the influence of alcohol. On the off chance that you are observed to be so drunk that you are a danger to yourself as well as to other people, and additionally you intrude with other individuals’ entitlement to movement, you might be accused of Penal Code 647f “Drunk in Public”.

Be that as it may, under the California Vehicle Code, a “bike” does not fall inside the meaning of a “vehicle” and isn’t possibly going to be affected by the DUI laws. More than that, the possible harm of cycling under the influence is apparently much less than the harm a man driving under the influence could be. Be that as it may, since the cyclists have almost similar rights and obligations as drivers, including cycling impaired, a cyclist ought not to bicycle with a blood alcohol level (BAC) of 0.08 or higher.

Forcing DUI punishments for somebody found cycling under the influence would be (unnecessarily extreme) harsh. So, the California Legislature passed a Vehicle Code area 21200.5 to clearly and definitely ban and properly reject cycling under the influence.

As indicated by the National Highway Traffic Safety Administration, 630 cyclists were thrashed and 51,000 were harmed in the Unified States in 2009. Ninety-nine of those cyclist fatalities happened in California, as per Traffic Safety Facts 2009 Data: Bicyclists and Different Cyclists” U.S. Branch of Transportation, National Highway Traffic Safety Administration (2009). Of those 630 fatalities, 28% of the cyclists killed had a BAC of .01 or higher and 24% had a BAC of .08 or at upper level.

Anyone facing a CUI charge in California must get in touch with a drunken driving attorney, as they would if they were involved in a DUI incident.