Have you been charged with cycling under the influence? At Law Office of Michael L. Fell, we have found that many people not only have no idea that this is against the law, but they actually chose to cycle to avoid committing a DUI offense. Keep reading to learn what you should know when charged with this crime, then contact us at (949) 585-9055 for a free legal consultation.
The Specifics of the Law
It is Vehicle Code section 21200.5 that applies to cycling while intoxicated. It states that it is illegal for a person to ride a bike on a highway while they are under the influence of alcohol or drugs, or while under the influence of both alcohol and drugs.
Potential Penalties for Cycling Under the Influence
Too often, people assume that since the punishment for cycling under the influence is nothing more than a $250 fine, it is best to just plead guilty. However, note that you will then have a misdemeanor on your record, which means that if you are arrested in the future, you are likely to face more serious charges than you would if you had no criminal background.
Certain individuals will face additional consequences. For example, a person who is over the age of 13 but not yet 21 and is charged with this crime could have their driving license suspended for a year. If they do not yet have their license, then they could have its issuance delayed by a year.
The Prosecutor Must Prove Several Elements to Prove Cycling Under the Influence
In order for the prosecutor to prove the case, they must be able to prove three things:
- You were riding a bicycle
- You were on a highway
- You were under the influence of drugs and/or alcohol
Note that as far as the law is concerned, a “highway” refers to any public road. If the prosecutor cannot prove all three of these elements, then they have not proven your case. For example, you might have been standing next to your bike at a red light. If they do not have evidence that you were actually riding your bike while intoxicated, then they have not met their burden of proof.
Important Differences Between DUI and Biking Under the Influence Cases
One of the most important differences between these two charges is the fact that there is no BAC limit for cycling under the influence. This means that all the officer has to do is believe you are under the influence of drugs or alcohol, and if it turns out you are, then a citation might be issued. This can apply even if you have had only a single drink.
If you are facing any consequences for biking while intoxicated, it is worth keeping your record clean if possible. Contact Law Office of Michael L. Fell at (949) 585-9055 now for a free legal consultation.