Bicycle DUI, also known as cycling under the influence, is a criminal act as defined under California Vehicle Code 21200.5. It specifies that it is illegal to ride a bicycle on a defined thoroughfare while under the influence of alcohol, drugs, or both. In contrast to a more commonly known Driving Under the Influence (DUI) offense in motor vehicles, bicycle DUI is regulated by a different law that has its own unique components, legal requirements, and sanctions.
Although the outcomes are not as severe as those of a regular DUI, the conviction remains a misdemeanor on your criminal record. This article discusses what the prosecutor must prove to secure a conviction, the key differences between a bicycle DUI and a regular vehicle DUI, the potential punishment, and the viable legal defenses that can be raised against such an accusation.
Understanding California Vehicle Code 21200.5 VC
California Vehicle Code 21200.5 is the basis for the California ban on riding a bicycle while intoxicated. This legislation categorically states that no individual is allowed to ride a bike on a highway under the influence of an alcoholic beverage, drug, or both. This law was intended to enhance road safety for the public by holding cyclists accountable for riding their bikes while under the influence of alcohol or drugs.
A Vehicle Code 21200.5 violation is a misdemeanor, which, in comparison to a felony, is a less serious crime that should not be ignored. Another right that the law gives you when you are arrested is that you have a right to request a chemical test of your blood, breath, or urine to identify the alcohol or drug content of your system.
On request, an arresting officer must facilitate this test. This is a necessary provision that can serve as a defense mechanism, as it provides a scientific measure to help prove that you are sober.
What the Prosecution Must Prove for a Bicycle DUI Conviction
To be found guilty of riding under the influence, a prosecutor must demonstrate three particular elements of the crime beyond a reasonable doubt. The evidence must be persuasive enough that it can be said that there is no other rational explanation of the facts than that you have committed the crime.
You Were Riding a “Bicycle”
The prosecution has to prove that you were actually riding on a machine that, in the books of law, qualifies as a bicycle. The California law defines a bicycle as a device that can be ridden by a person and is propelled by human power using a belt system, chain, or gears.
It is also defined that it must possess at least one wheel. This difference is of paramount importance, as it distinguishes between human-powered vehicles and motorized vehicles. This does not apply to devices such as motorized bikes, mopeds, or electric scooters.
Had you been driving one of such vehicles under the influence, you would not be prosecuted by the bicycle DUI law. Instead, you would be subjected to considerably harsher punishments than those outlined in the standard California DUI statutes under Vehicle Code 23152(a), as this is considered a motor vehicle. Thus, one of the aspects of any case is defining what kind of vehicle you were driving when the stop took place.
You Were on a “Public Highway”
The second factor is the place where you were riding. The law only stipulates that the crime is committed when you are riding a bike on a highway. The highway in the case of CVC 21200.5 is not limited to a major freeway or interstate.
Instead, it is loosely determined as any public road, street, or path. This implies that you are bound by this law in case you are on any publicly maintained roadway where vehicle traffic is allowed. Nevertheless, the jurisdiction of the law is not clearly applied to private property. It is impossible to commit a bicycle DUI when you are riding intoxicated in your own driveway, a friend's backyard, or any other private property that is not accessible to others.
This geographical restriction is a crucial factor in the law, and being able to demonstrate that you were on personal grounds when the incident occurred will constitute a complete defense to the felony.
You Were “Under the Influence”
The third and most disputed factor is whether you were legally under the influence or not. This condition is defined by California law, which states that your physical or mental faculties are so disrupted that you are no longer able to use a bicycle with the care of a sober person or with the ordinary care of a person in a similar situation.
This is not the standard of whether you had taken any alcohol, but whether that intoxication caused a tangible degree of impairment. The arresting officer will be called to testify in court, providing evidence of these things, as the prosecution will likely argue to demonstrate this aspect. The policeman can testify to your riding style, for example, swerving, being unable to ride straight, not following the road signs, or throwing the bike off.
It is these observations that are used to paint a picture of a person whose coordination and judgment were impaired. Any field sobriety tests that you do, though, are generally not reliable when it comes to cyclists and can also work against you.
Bicycle DUI vs. Standard Vehicle DUI
The primary and most dangerous misconception is that bicycle DUI is essentially similar to car DUI. This is essentially incorrect, and it is essential to recognize that there are considerable differences that help appreciate the particularity of a CVC 21200.5 charge. In several fundamental aspects, the legal norms, punishments, and long-term implications differ.
Although both are criminal offenses, the legislature has acknowledged that the amount of harm that can be caused by a bicycle to the masses is much less than when it comes to a motor vehicle weighing in the multi-ton range. This acknowledgment is evident in the fact that the legal systems governing these offenses differ significantly. The first step towards a successful defense is to identify these differences, allowing you to control the possible outcomes of your case.
The 0.08% BAC “Per Se” Rule is Not Applicable
Among the most significant differences is the treatment of Blood Alcohol Concentration (BAC). A typical vehicle DUI case in California includes a per se law, which is the law that states that, at 0.08 percent or more BAC, you are automatically deemed to be under the influence, whether you actually were impaired or not. This, per se, does not apply to bicycle DUI cases. It is not possible to be found guilty of bicycle DUI on a BAC reading of 0.08 percent or higher.
The prosecution still needs to demonstrate that you were incompetent to ride safely, according to the prosecution. This does not, however, imply that your BAC is irrelevant. Even though the prosecutor can no longer use your BAC level to prove that you were impaired, he can still use it as evidence. High BAC may be a compelling piece of evidence to a jury, but it is not sufficient in its own right to ensure conviction, as it would be in a car DUI case.
Penalties Are Less Severe
The list of penalties associated with a bicycle DUI is significantly less serious compared to a regular vehicle DUI, which also indicates the difference in perceived risk. A first-time conviction for bicycle DUI under CVC 21200.5 is a misdemeanor punishable by a maximum fine of $250.
Conversely, a first-time conviction of a typical DUI may attract thousands of dollars in fines and fees, compulsory DUI education courses, and even a jail term. The bicycle DUI law is categorically exempt from jail time, which is a significant difference that offers substantial relief to the accused.
In other instances, the judge can be at liberty to place summary probation in addition to the fine. Here, you would have to comply with certain conditions, which include obeying all laws within a given time frame.
No Suspension of the Driver's License (except one)
The other central area of disagreement is regarding the impact on your driving privilege. A conviction of a typical DUI will lead to an automatic suspension of your driver's license by the Department of Motor Vehicles (DMV).
A bicycle DUI conviction, however, will not be counted as a moving violation and will not be recorded in your DMV record. Therefore, in cases involving offenders over 21 years of age, there is no suspension of the driver's license upon conviction. However, there is one major exception to this rule. Being a minor or being less than 21 at the time of the crime, a bicycle DUI conviction may lead to a one-year driver’s license suspension.
If you have not been licensed yet, you will not be eligible for licensure within one year. The exception is vital to the younger generation, including college students, who should be informed of the more dire effects on them.
Penalties and Consequences of a Bicycle DUI Conviction in Los Angeles
Although the punishment for a bicycle DUI is not as serious as that for a vehicle DUI, underestimating the charge is a mistake. Do not assume that a conviction has no consequences that can affect your life. The first penalty is a fine of up to $250, which is the most immediate one. As mentioned earlier, the time spent in jail is not related to this offense, which makes it unique among most other misdemeanors.
However, establishing a misdemeanor criminal record is the most significant long-term consequence. This history may be reflected in the background checks by prospective employers, landlords, or state licensing agencies. A criminal conviction, even a misdemeanor, is something that may introduce unexpected obstacles to employment and other spheres of your life.
The positive thing is that a conviction for cycling under the influence can be expunged once you have successfully passed the sentence requirements, for example, paying the fine. A criminal record may have numerous burdens, which are alleviated when it is expunged and essentially kept confidential.
Effective Legal Defenses Against a Bicycle DUI Charge
If you are charged with cycling under the influence, it is essential to be aware of the available alternatives. A skilled lawyer is capable of using several viable legal defenses to dispute the case presented by the prosecution. These plans aim to raise a reasonable doubt about one or more of the essential aspects of the crime.
An effective defense will result in a lesser or complete dismissal of the charges and will help you evade a criminal history. Depending on the facts of your particular case, the specific defense strategy will rely on those facts, but these are some of the more popular defense strategies that have worked quite effectively in a court of law.
Challenging the Claim of Being "Under the Influence"
The first defense is to dispute the fact that you were under the influence. Because there is no per se limit of BAC, the prosecution can all too often depend on the subjective judgment of the arresting officer. These observations can be challenged by your lawyer, who can justify your actions in some other ways.
To illustrate, perhaps your bumpy ride was not due to intoxication but instead caused by exhaustion after a hard day, a mechanical issue with your bike, or an effort to avoid potholes or other hazardous road situations. If you have a medical condition that affects your balance or coordination, it may also be the reason for your riding pattern.
Providing reasonable explanations as to what you did, your attorney can undermine the argument that the prosecution puts forward that your actions were a direct consequence of impairment.
You Were Not In A Public Highway
The other complete defense is to demonstrate that you were not riding on a public highway when the incident occurred. Since the law expressly only applies to the streets and roads in the community, any fact that you were on a private road negates the charge.
For example, when you are riding your bike in your own driveway, a private parking lot, or a dirt road on the farm of a friend, you cannot be convicted of VC 21200.5. Your lawyer can use eyewitnesses, photographs, or GPS positioning to prove that you were there and that it is not a highway as defined by the statute.
This is a complete defense; in the event you were not on a public highway, there was no violation of this particular law.
The Stop Had No Probable Cause
The U.S. Constitution guarantees that you are not subjected to unreasonable searches and seizures, and this means that a police officer needs to have a valid legal reason to stop you initially. This is the legal justification, known as probable cause. In the case of a traffic stop, it usually refers to the fact that the officer had to observe you breaking a traffic law or riding in a way that plainly showed that you were a menace to yourself or other people.
If the officer has stopped you without probable cause (for example, because of a hunch or because you were merely riding late at night), then the stop was unlawful. Any evidence that was obtained through such an unlawful stop can be suppressed by a motion filed by your attorney.
In case the motion is successful, all the evidence, such as the observations of the officer and the findings of any chemical test, can not be used against you in court. The lack of such evidence can often deal a fatal blow to the prosecution's case and lead to the dismissal of the charges.
What To Do In Case You Are Charged With Bicycle DUI
It is a stressful and disorienting process to be pulled over by the police and accused of any form of crime. The manner in which you manage the situation during and after arrest can significantly impact the outcome of the case. However, you must calm down and be polite first, because arguing about your situation will not help. You are entitled to remain silent, and you must exercise this right.
In addition to giving your name and identification, you are not expected to respond to questions regarding where you were heading, where you originated, or whether you were drunk. Anything you say can go against you. It should be remembered that you can ask to be tested by means of a chemical test to ascertain your BAC. Although you are not punished by refusal to take this test in a bicycle DUI case (as you are in a vehicle DUI case), taking the test can be used to show that, in fact, you were not intoxicated.
Above all, you should consult a skilled DUI attorney. A misdemeanor is a serious legal issue, and trying to go through the court system on your own is not that safe. A lawyer will be able to defend your rights, examine the evidence, and start creating the strongest possible defense in your favor.
Find a Car Accident Lawyer Near Me
To be explicit, the act of riding a bicycle while intoxicated is a criminal offense in California, and a conviction may result in a fine and a permanent criminal record. Although the penalties might not be as serious as those for a regular DUI, the repercussions of the misdemeanor on your records cannot be taken lightly in the long run.
The statute is detailed, and the prosecutor must demonstrate all the elements of their case against you. This leaves a chance for skilled defense counsel to fight the charges and protect your future. You do not need to accept a conviction as inevitable.
When a person is accused of cycling under the influence in Los Angeles, it is essential to move fast to protect their rights. Don’t go against the legal system alone. At the Los Angeles Car Accident Attorney, we are familiar with the unique characteristics of Vehicle Code 21200.5 and have successfully defended cyclists in cases involving this section. We are well-positioned to provide you with the expert legal advice you need. Contact us today at 424-237-3600 to schedule a complimentary and confidential consultation regarding your case.
