Since California claims eight out of the top ten American cities for the highest DUI rates, thinking about possible penalties is important before hopping into a motor vehicle while drunk.

But you may want to think twice before getting onto a bike instead. DUI consequences on bikes aren’t unheard of in the Golden State.

But can you get a DUI on a bike easily?

Read on to discuss bicycle DUI laws in greater depth and answer this question thoroughly.

Can You Get a DUI on a Bike?

In most states, you cannot get a DUI for cycling under the influence. However, in California, you can get a DUI while riding a bicycle.

According to the California Vehicle Code Section 21200.5, it is illegal for California residents to ride a bicycle while under the influence of drugs or alcohol. This is true for those riding on:

• Public roads
• Outdoor paths
• Highways

The charge that these cyclists face is called a CUI, which stands for “cycling under the influence.”

A CUI is a misdemeanor rather than a felony; rather than jail time, it usually comes with a fine.

CUIs are charged by California officers who notice signs that a cycler might be drunk or on drugs. Some common reasons people on bicycles may be pulled over include:

• Inconsistent movements
• Jerky or disjointed turns
• Balance-related issues that may lead to falling
• Wobbling despite cycling on a flat road

Officers will test the blood alcohol concentration (BAC) of the cyclist they suspect of being under the influence. This is similar to tests performed to see whether someone should be charged with a normal DUI.

A BAC of 0.08% or higher will result in a CUI charge. This is the same BAC level that authorities use to determine DUI charges.

If the BAC is zero but the officer suspects that they may be under the influence of other drugs, further tests may be administered.

Drunk Cycling Penalties: What to Know

Once you know the answer to the question – can you get a DUI on a bike – you likely will wonder what penalties a CUI carries.

Drunk cycling penalties are less strict than DUIs involving motor vehicles. This is because the state of California recognizes that there are fewer risks from drunk cycling than there are with operating a heavy motor vehicle while under the influence.

Jail time is off the table for those who are only facing CUI charges. However, it is still a serious misdemeanor charge that carries penalties.

The main penalty for a CUI is a fine. This fine will not exceed $250.

However, note that many people are faced with a fine for the full $250 sum. Do not assume that you will get a lower fine for the first offense.

While this is a fairly small penalty, a CUI conviction also will appear on your criminal record. It will be visible to:

• Potential employers
• Universities
• Landlords
• Credit card companies
• Financial lenders

Having a criminal record can exclude you from important opportunities and life experiences in the future, so high-quality representation during legal proceedings is critical even if you can afford the fine.

Since it is a criminal conviction, you also will be legally mandated to report it on job and/or college applications. This will set you apart from other applicants negatively and you may miss even more opportunities because of this self-reporting mandate.

Additionally, those with CUIs may face driver’s license suspensions. This only applies to people between the ages of 13 and 21.

If you fall into this age range, you may have your license suspended for one year. If you are under 21 and do not have a license yet, you may need to delay your application for one year.

Those over 21 will not face license suspension.

Associated Charges and Penalties

While the penalties for a CUI are fairly straightforward and minor, you may face other associated charges when getting a CUI. Some include:

• Public intoxication
• Disorderly conduct
• Disturbing the peace

You may face additional fines associated with these add-on charges.

Those cycling under the influence are also subject to the same driving-related laws as those who are not drunk or high. You may get into additional trouble if you:

• Cycle erratically
• Trespass onto forbidden property
• Hit and damage someone’s property
• Hit and cause harm to a person or animal

If any of these things happen, you may face more charges with stricter penalties. However, these harsher penalties won’t be directly because of the CUI charge.

Avoiding CUI Bicycle Traffic Offenses

The best way to avoid getting a CUI in California is to avoid drinking and riding a bicycle. If you choose to drink or do drugs, make sure that you’re 100% sober before hopping onto a bike.

Instead, consider using transportation like:

• Taxis
• Buses
• Trains
• Ubers and Lyfts
• Helpful friends who serve as designated drivers

Bicycles aren’t good alternatives to driving under the influence. Have someone else drive you around.

If you do find yourself on a bicycle while drunk, be extremely cautious. Staying more aware of your surroundings than usual can help avoid accidents. This is critical because getting into a collision while cycling under the influence can lead to harsher charges and penalties.

Overall, though, the only surefire way to not get a CUI is to sober up before biking.

Common Defenses for CUI Charges

Innocence is one common legal defense against drunk cycling penalties. If you can prove that you were not under the influence while on the bike, you have a surefire way to combat those charges.

This can be challenging, but it’s possible if you come up negative on a breathalyzer and drug tests. The main hurdle here is ensuring that you were tested at the time of the accident. Experts at a law firm will need to pull records of those tests to make this defense as strong as possible.

Inaccurate Test Results

If the breathalyzer or blood test came back positive, all hope is not lost. A legal team may be able to make a case for:

• Breathalyzer inaccuracy (due to improper calibration or bad maintenance)
• Improper interpretation of test results
• No adequate explanation of test result interpretations
• A rising BAC that began below the legal limit when you got on the bike but went up while you were on the road
• Involuntary intoxication when you were given a drink that you did not know contained alcohol or drugs

At Prentiss Law & Associates, we have multiple lawyers, paralegals, and support staff. A larger team is well-equipped to handle any case with expert resources.

Incident Location

Another common defense against CUI charges is that the rider was not on a public road. The California Vehicle Code only prohibits drunk cycling on public roads and highways. Public cycling paths are also included in this category.

If you were drunk and biking on private property, you did not do anything illegal. This is a good defense for those who can prove they were not cycling in a public space.

Probable Cause

Finally, attorneys might structure a case around probable cause. Officers need to have probable cause to stop someone on a bicycle and evaluate whether they are under the influence.

To pull a cyclist over, they need to be biking erratically or moving oddly. Probable cause may also apply to the time of day that someone is on their bicycle. Someone wobbling on a bike at 3 AM may be more suspicious than someone biking oddly at 1 PM.

Proving the lack of probable cause is challenging since it’s essentially an umbrella term for unusual or suspicious behavior. However, if eyewitnesses or security cameras show that you were pulled over despite no odd behavior, an attorney may be able to make a strong case.

The Role of Legal Help in Fighting a CUI

A knowledgeable attorney with experience in California CUI defenses can help you combat bicycle traffic offenses effectively. These professionals:

• Understand the ins and outs of bicycle DUI laws
• Can poke holes in the prosecution’s case because of this advanced knowledge
• Have seen and learned from hundreds of similar cases before
• Have had success defending clients against CUI charges
• Have the plea bargaining skills needed to make your charges less severe
• Present mitigating factors to make your case less serious

Without an attorney, you would be forced to represent yourself in court. Since you don’t have an extensive understanding of CUI laws, you would not be able to argue effectively against the prosecution’s expert attorneys.

A law firm provides you with the representation you need to get fewer charges and penalties.

How to Choose a CUI Law Firm

Law firms who defend those charged with cycling under the influence have several jobs. The legal process starts when a law firm reviews the case. They’ll:

• Talk about its specifics with those they’re defending
• Meet with possible eyewitnesses
• Look over the prosecutor’s case for problems

At this stage, professionals can also subpoena relevant things like:

• Security footage
• Medical records
• Images of the site of the CUI
• Police reports
• Documents from police interviews
• Information regarding additional charges (like public intoxication)

This ensures that your case has all the relevant information needed to back your claims up.

Then, an attorney will work with you to prepare a defense. They’ll use this defense to:

• Prepare a plea for clients that minimizes potential penalties
• Negotiate with the district attorney and judge associated with the prosecution
• Represent you in court and appear alongside you
• Prepare documents for you to sign related to court deals and bargains

To make these tasks go smoothly, those facing CUI charges must find and select a quality attorney. They should focus on criminal defense and have experience in CUIs.

Talk With Attorneys

Experts at firms like Prentiss Law are excited to hear from potential clients. We offer consultations where you can:

• Ask questions about our attorneys
• Share the specifics of your legal situation
• See professional qualifications and credentials
• Learn about past success stories from our legal team

A consultation is more than a chance to learn more about our firm’s history and experience. It’s a chance to see whether we’re a good fit for effective and transparent communication.

Prentiss Law & Associates are committed to being open and honest with clients from the get-go. We’ll talk candidly about fees and the responsibilities of both attorneys and those they represent.

Still, it’s important to get along well with your attorney. Consultations give you the chance to feel secure that they’re a comfortable person to talk to. After all, law firms are there to represent your needs, so it’s critical that you feel secure communicating with them about the ins and outs of your case.

Ask Important Questions

When talking with an attorney, deciding what to ask can be a challenge. Some questions to ask at your consultation may include:

• What does your fee structure look like?
• Will I be expected to pay any additional fees outside your basic rates?
• How many years of experience do you have?
• Have all of these years been spent on criminal defense law?
• What is your educational background?
• Have you won any awards or accolades?
• What is your overall success rate for criminal defense cases?
• What is your success rate solely with CUI cases?
• Can you tell me about a time you worked with a case like mine?
• How did you successfully represent that client in negotiations and court?

Making these inquiries gives you all the information needed to choose a knowledgeable and experienced legal team. You can feel confident in your decision.

This provides peace of mind by decreasing the anxiety of possible impacts related to acquiring a criminal record. You’re more likely to successfully avoid a conviction when you have great legal experts in your corner.

Fight Bicycle Traffic Offenses With an Experienced Law Firm

So, can you get a DUI on a bike? In California, the answer to this question is a resounding “yes.”

Prentiss Law & Associates are committed to offering top-notch criminal defense services across Northern California. Our 15+ years of criminal defense experience make us one of the best legal teams out there.

Contact us to learn more about our skills and aggressive methods for securing justice at our Redding and Chico offices.