Driving under the influence (DUI) is commonly associated with motor vehicles such as cars and trucks, but cycling under the influence (CUI) is also a chargeable violation. That said, California treats CUI differently from other types of DUI offenses. In most cases, riding a bicycle while intoxicated is a misdemeanor criminal offense with a maximum $250 fine and no jail time.
Understanding the ins and outs of CA Vehicle Code 21200.5 – cycling under the influence can help you avoid a conviction. A Los Angeles DUI lawyer can explain the laws that apply to your case and provide the guidance you need to fight your charges.
How CA Vehicle Code 21200.5 – Cycling Under the Influence Differs From DUI
CA Vehicle Code § 21200.5 – cycling under the influence governs cycling DUIs and varies slightly from other DUI laws in three main ways. Familiarizing yourself with the differences between the two types of offenses can help you understand your case and allow you to make educated legal decisions.
Consider the following differences between CUI and DUI if you’ve been charged with an impaired cycling offense:
- No specific “legal limit”: In automobile DUIs, the legal limit for intoxication is .08% blood alcohol concentration (BAC), but in bicycle cases, intoxication is often proved through indirect evidence such as a flushed face, erratic cycling, or the smell of alcohol.
- No driver’s license suspension: Most DUIs affect your driver’s license, but a cycling DUI does not. The only exception is if you are under 21 years of age, in which case your license will be suspended for one year or delayed by one year if you do not have one yet.
- Blood and breath tests are rare. In most DUIs, police will ask you to take a preliminary breath test during the traffic stop and then require a second test after the arrest. This is so uncommon in cycling DUIs that the law specifically states that you have the right to request such a test.
CA Vehicle Code 21200.5 – Cycling Under the Influence Penalties
Although convictions under CA Vehicle Code 21200.5 – cycling under the influence are less serious than DUIs, they are still considered misdemeanor criminal offenses. As a result, those convicted of the offense are required to pay a $250 fine.
While the only legal penalty is a monetary fine, you may face other non-legal consequences if you are convicted of this offense. Because CUI is recorded as a criminal offense, you will have to report this crime on most job and college applications if you are convicted.
Although the offense is minor, it can reflect poorly on you because it involves alcohol or drugs. Depending on the circumstances, the police officer may also decide to add further charges, such as public intoxication or drunk in public.
Instead of letting a conviction impact your finances, criminal record, and future, hire an experienced attorney. A Los Angeles DUI lawyer can build a strong defense case on your behalf and fight to get your charges dropped.
Defenses Against a Cycling Under the Influence Charge
For many riders, an arrest for a DUI while cycling may not be a concern. It may be tempting to simply pay the $250 fine, but what is more serious is the fact that you will then have a criminal record. Cycling under the influence can sometimes affect your driving history when you are back behind the wheel of your car.
Fighting the charge is well worth the effort since it can usually be defeated. Some common defenses used against a cycling DUI include:
- Showing proof that you were not under the influence of drugs or alcohol.
- Demonstrating that you were not riding on a public street or road.
- Arguing that the police officer did not have probable cause to stop you.
- Providing evidence that a field sobriety test was improperly administered.
Challenging a CUI Field Sobriety Test
It’s important to note that there are ways to challenge the validity of the field sobriety test administered before your CUI arrest. For example, your field sobriety test results may be invalid if one or more of the following statements are true:
- You have impaired vision
- You have a balance disorder
- The test was administered at night with little ambient light
- You had been cycling for a long time and were physically exhausted during the test
If one of these statements is true for your situation, a skilled Los Angeles DUI lawyer can challenge the results of the field sobriety test. They’ll also use other forms of evidence to question the arresting officer’s conduct and argue that your case be dismissed.
How a DUI Lawyer Can Fight Your Cycling Under the Influence Charges
Fortunately, you don’t have to accept a cycling under the influence (CA Vehicle Code 21200.5) charge without putting up a fight. However, to successfully combat your charges, you’ll need the help of a highly skilled DUI defense attorney. A seasoned lawyer can draw on their experience and legal knowledge to help you avoid the consequences associated with a conviction.
Here’s what an attorney can do to fight your cycling under the influence charges:
- Conduct an investigation into the CUI incident and arrest
- Investigate the accuracy and reliability of breathalyzer or blood test results
- Analyze evidence and build a strong defense case
- Challenge the legality of the traffic stop or arrest
- Negotiate a plea bargain with prosecutors for reduced charges
- Represent you in all court proceedings
- Prepare and present compelling arguments in your defense
- Offer support and guidance throughout the entire legal process
- Answer any questions you have about cycling under the influence or CA Vehicle Code 21200.5
As you can see, an attorney can take a number of important actions to protect you from a conviction. That said, to get the most out of your legal advocate, you’ll want to hire one soon. The sooner you find an attorney, the more likely they’ll be able to uncover evidence that could swing the case in your favor.
Learn More About Your Legal Options After a CUI Charge
Facing even a misdemeanor CUI charge can be a stressful experience. If convicted, you could be fined and experience issues with job or university applications. To avoid financial and career-related setbacks, you’ll want to work with an attorney who knows how to fight your charges.
A Los Angeles DUI lawyer can provide the information you need to understand charges under CA Vehicle Code 21200.5 – cycling under the influence. With the right lawyer, you could get your charges dropped, allowing you to continue with your life without worry of serious consequences. Contact us today to learn more about your legal options after a CUI charge.
