California takes driving under the influence (DUI) very seriously. While most people know they can get a DUI for driving a car while impaired, you may wonder: can you get a DUI on a bike in California?
Bikers in California can face DUI charges if they get on their bicycles while impaired by alcohol or drugs. Generally, the state treats biking under the influence as a misdemeanor, and a conviction can lead to fines.
You can learn more about these charges with a Los Angeles DUI lawyer.
How Do You Get a DUI on a Bike in California?
You can face charges for cycling under the influence (CUI) if you bike on a highway while under the influence. Generally, police officers in California charge bikers in this situation under Vehicle Code § 21200.5.
Bikers may face this charge if they have a blood alcohol content (BAC) above the legal limit in California. Additionally, you can face CUI charges if you bike with any amount of alcohol in your system while you’re under 21.
Police officers should only stop someone for a CUI if they have reason to suspect the biker is violating a law. You may have a solid legal defense if you believe a police officer stopped you without just cause.
Can You Get a CUI if You Used Marijuana Before Biking?
The police can arrest you if they believe you biked while impaired by alcohol or drugs. Therefore, you could face charges for bicycling after using marijuana. The court may use different charges to prosecute this act.
Note that you should only face this charge if the marijuana actively impaired your ability to bike safely.
What Happens if the Court Convicts You of a CUI?
California’s court system treats biking under the influence as a misdemeanor-level offense. However, the court only penalizes bikers with a fine of up to $250. You should not face jail time for a CUI conviction.
However, the CUI conviction may stay on your record. If you face subsequent charges for any DUI offense, the prior CUI conviction may allow the court to hand down harsher penalties for future accusations.
Therefore, we recommend you take any CUI accusation seriously and work with a lawyer to face these charges head-on.
Will You Lose Your License for Biking Under the Influence?
Generally, DUI convictions in California result in a license suspension. However, you should not have your driving privileges revoked after a conviction for biking while impaired. The court generally just fines bikers.
How Do Lawyers Help with CUI Charges?
You can hire a lawyer to help you after an arrest for biking while impaired by alcohol or drugs. A lawyer may build your defense by taking steps to show that the police stopped you without probable cause or that you were biking on private property.
Your lawyer may also argue that you were not under the influence at the time of your arrest. Generally, police officers look for evidence, such as failure to complete a sobriety field test or a flushed face, when considering CUI charges.
An attorney may offer other explanations for these pieces of evidence, helping you avoid a conviction.
Can You Refuse a Field Sobriety Test?
Some bikers decide to refuse a field sobriety test when requested by the police. Technically, you can refuse this test in some cases. However, you may legally have to abide by the request after an arrest, if you’re under 21, or if you’re on DUI probation.
Refusing a test can deny the prosecution evidence to use against you in some situations. You can also request a breath, blood, or urine test if you know that you didn’t drink alcohol before getting on your bicycle.
You may contact a lawyer for advice about the best way to handle a CUI accusation in California. You can also focus on learning everything you need to know about field sobriety tests.
Can You Handle CUI Charges Alone?
You have the legal option to handle a CUI accusation on your own. However, getting professional help can ensure you understand all your options and that you have guidance through the legal system.
In some cases, an attorney may have your charges dismissed, especially if the police stopped you without cause. This action can help you avoid hundreds of dollars in fines.
Speak to Us About Getting a DUI on a Bike in California
Can you get a DUI on a bike in California? You can face an arrest for biking under the influence of alcohol or drugs. A conviction for CUI can result in fines but should not lead to jail time or impact your driver’s license.
You can draw on our resources to learn more about this charge. Call or complete our online contact form to get started.
