Biking While Intoxicated

Local DUI Lawyer

To have the greatest opportunity of avoiding the many penalties and negative consequences of DUI conviction, contact us as soon as possible. We are here to offer you the aggressive and dedicated representation you deserve.

If you’ve been arrested for driving under the influence in Southern California, including Orange County, Los Angeles or San Diego, you need to contact our experienced DUI attorney to defend your rights and restore your reputation.

We invite you to contact us today for a FREE consultation about your DUI case.

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Motorized Bike DUI

If the bike can be propelled, moved, or drawn upon a highway, such as a motor bike, you can be charged with driving under the influence of alcohol, drugs, or a combination of both. All the penalties of a standard drunk driving offense involving an automobile would apply. However, if your bike is self-propelled, you will not be subjected to the DUI statutes. Instead, you can be charged with BUI or CUI, biking or cycling under the influence, under California Vehicle Code Section 21200.5.

This code section specifically states: “…it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person’s blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person’s blood…”

The biggest difference between a DUI and a BUI is that there is no specific blood alcohol limit in a BUI case. In a criminal DUI matter, the “Per Se” limit is a .08. Also, the penalty for a conviction for BUI is a fine of not more than $250.00, which is a substantially lesser penalty than in a standard DUI case.

Riding a bicycle while under the influence is a hard case for the prosecutor. These cases can be attacked on several fronts. If you have been arrested and/or charged with riding a bicycle while under the influence, contact us today.  We are 100% exclusively DUI defense.

Bike DUI

In California, it is a misdemeanor to bicycle or cycle under the influence, CUI. Vehicle Code Section 21200.5 states, “It is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person’s blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person’s blood pursuant to Section 23612, and, if so requested, the arresting officer shall have the test performed.”

In order for this code section to apply, the bike must be non-motorized. If it is powered by a motor it will be deemed a vehicle, and the standard DUI vehicle code sections would apply.

The .08% blood alcohol content (BAC) presumption of a standard DUI is not required with CUI. This means that someone can be charged with this offense with a minimal amount of alcohol in their system. Typically, DUI defense lawyers fight low BAC charges because the prosecutor often has a hard time proving the case, thus resulting in a dismissal.

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