Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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The specific answer largely depends on the laws of your state and whether the bike is a motorbike or a nonmotor bike. In most jurisdictions, you could face a DUI charge if you operate a motorized bike while intoxicated. But you would likely face a “cycling under the influence” charge if you operate a nonmotor bike while under the influence.
Note that some states do consider a nonmotor bike as a type of “vehicle.” As a result, these states are more likely to elevate a “cycling under the influence” charge to a “DUI” charge.
Further, depending on the facts of your case, a prosecutor could combine a cycling under the influence charge with other criminal charges.
For example, a prosecutor could charge you with cycling under the influence and
Most jurisdictions say that you can only be charged for DUI/DWI if you operate a motorized bike while under the influence of:
The reasoning behind this general rule is that most state DUI laws say that you are only guilty of drunk driving if you operate a
States generally define the term “motor vehicle” or “vehicle” as a “self-propelled object.”2 Since a nonmotor bike is not “self-propelled,” DUI charges are usually reserved for motorbikes.
But note that there are some jurisdictions that do say that a nonmotor bike is included in the definition of “vehicle.”3 As a result, these states could charge you with DUI if you operate a bike while intoxicated, even if the bike is a nonmotor bike.4
Many states are likely to charge you with cycling under the influence (as opposed to driving under the influence) if you operate a nonmotor bike while under the influence.
For example, California law states that:
“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.”5
Note that a cycling under the influence conviction will usually carry less severe penalties than a DUI conviction.
Bicyclists or cyclists guilty of the offense are often charged with a misdemeanor that is punishable by a fine.
In contrast, a DUI conviction could lead to:
Note that for the purposes of a cycling under the influence charge, you are generally considered “under the influence” if:
Yes. If you cycle under the influence, you could face:
Depending on your state laws and the facts of your case, a prosecutor could charge you with:
Example: Joe is riding his bike through town. He is drunk and is swearing loudly and yelling rude comments at people on a sidewalk.
Joe could likely face a cycling under the influence charge since he is biking while drunk.
But his state could also have a disorderly conduct law that makes it a crime to act in any way that disrupts the peace.
If so, then Joe’s actions could lead to a cycling under the influence charge and a disorderly conduct charge. His loud and rude shouts could have likely breached the peace of his neighborhood.
If you are charged with cycling under the influence or even with DUI for driving a bike while intoxicated, you can usually contest the charge with a legal defense.
A few common defenses include showing that:
Note that the traffic laws of many states say that you are only guilty of DUI or cycling under the influence if you operate a vehicle on a public road. This means you can often contest a charge by showing that you rode your bike on private property.
In contemplating a defense, it is a wise idea to seek legal advice from a:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.