Can You Get a DUI on a Bicycle in California?

TL;DR: Yes, you can get a DUI on a bicycle in California. California Vehicle Code § 21200.5 explicitly states that it is illegal to ride a bicycle under the influence of alcohol or drugs. However, the penalties for bicycling under the influence are less severe compared to those for driving a motor vehicle while intoxicated.

California DUI Laws and Bicycles

In California, the laws regarding Driving Under the Influence (DUI) are primarily found in the California Vehicle Code. Specifically, California Vehicle Code § 23152 deals with DUI offenses for motor vehicles¹. However, the state also has specific provisions for bicycles.

Bicycling Under the Influence (BUI)

California Vehicle Code § 21200.5 states that it is unlawful for any person to ride a bicycle on a highway while under the influence of an alcoholic beverage or any drug². This law makes it clear that the state treats bicycling under the influence (BUI) separately from DUI but still considers it a serious offense.

Penalties for Bicycling Under the Influence

While a BUI offense is treated seriously, the penalties are less severe than those for a DUI involving a motor vehicle. For a BUI conviction, the penalties include:

  • Fines: A fine of up to $250.
  • No Jail Time: Typically, there is no jail time for a BUI offense.
  • No Impact on Driving Record: A BUI conviction does not affect your motor vehicle driving record or result in points on your driver’s license.

Public Intoxication and Other Charges

In addition to a BUI, an intoxicated cyclist in California might face other charges:

Public Intoxication

Under California Penal Code § 647(f), a person who is found in a public place under the influence of alcohol, drugs, or controlled substances, and is unable to care for their own safety or the safety of others, can be charged with public intoxication³.

Traffic Violations

Cyclists must adhere to the same traffic laws as motorists in California. If an intoxicated cyclist disobeys traffic signals, signs, or other regulations, they can be cited for these infractions.

Notable Cases and Legal Precedents

While there have been notable cases involving cyclists under the influence, these generally do not result in severe penalties unless other serious offenses are involved. Most cases focus on ensuring the safety of the cyclist and the public rather than imposing harsh punishments.

Local Resources for Cyclists

Cyclists in California can seek assistance and information from various local resources:

  • California Bicycle Coalition: Advocates for the rights and safety of cyclists throughout the state.
  • Local Bicycle Advocacy Groups: Many cities have their own groups that promote safe cycling and provide resources for cyclists.

Key Takeaways

KEY TAKEAWAYS
  • Yes, you can get a DUI on a bicycle in California under California Vehicle Code § 21200.5.
  • Penalties for BUI include fines up to $250 but no jail time or impact on driving records.
  • Cyclists may also face charges for public intoxication and traffic violations.
  • Local resources like the California Bicycle Coalition provide support and advocacy for safe cycling.

    • References

    ¹ California Vehicle Code § 23152
    ² California Vehicle Code § 21200.5
    ³ California Penal Code § 647(f)