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Yes, Cycling Under the Influence is Illegal: Learn What to Do if You Are Arrested for This Crime

Have you been accused of intoxicated cycling? Many people, according to our research at Law Office of Michael L. Fell, not only are unaware that doing this is illegal, but they also decided to bike rather than get a DUI. Continue reading to find out what information you should have if you are accused of committing this offense, then call (949) 585-9055 to schedule a free legal consultation.

The law's specific provisions

The provision of the Vehicle Code that governs drunk cycling is section 21200.5. According to the law, it is forbidden for someone to ride a bike on a highway when intoxicated, whether it be by alcohol, drugs, or both.

Potential repercussions for cycling while intoxicated

Too frequently, people believe that it is better to merely plead guilty because the only penalty for riding while intoxicated is a $250 fine. But keep in mind that if you do so, you will have a misdemeanor on your record, which means that if you are caught again in the future, you'll probably be charged with more serious offenses than you would if you didn't have a criminal history.

Some people will suffer further repercussions. For instance, a person charged with this felony who is older than 13 but under 21 may have their driver's license suspended for a year. They could have their license's issuing put off by a year if they don't already hold one.

To prove cycling while intoxicated, the prosecutor must prove a number of elements

The prosecutor must be able to demonstrate three things in order to establish their case:

  • You were cycling
  • You were on a roadway
  • You were drinking or doing drugs when you did this

Keep in mind that any public road is considered to be a "highway" in terms of the law. The prosecution has not established your case if it is unable to substantiate all three of these requirements. For instance, you may have been waiting at a red light with your bike. They have not satisfied their burden of proof if they do not have proof that you really rode your bike while inebriated.

There are significant distinctions between DUI and cases of drunken biking

The fact that there is no BAC limit for riding while intoxicated is one of the most significant distinctions between these two crimes. This means that if you are found to be under the influence of drugs or alcohol, the officer need only have a reasonable suspicion to issue a ticket. This is true even if you've just had one drink.

It is worthwhile to maintain your record spotless if you can if you are facing any repercussions for riding your bike while inebriated. To schedule a free legal consultation, call Law Office of Michael L. Fell at (949) 585-9055 right now.