California Driving Under the Influence While Riding a Bicycle
In California, Vehicle Code 21200.5 (Riding a bicycle under the influence of alcohol or drugs) applies to anyone found to be impaired while riding a bicycle. Cycling under the Influence (CUI) falls under the same criminal section of the California Vehicle Code as a DUI, and therefore has the potential to evoke the same serious consequences, which may include:
- Establishment of a criminal record
- Suspension of driver’s license
Whether a bicycle can be defined as a “vehicle” as it is appears in the relevant section of the Vehicle Code is the key point for any argument in a CUI case. California courts have made exceptions in the past for vehicles that are human powered, stating that they are not vehicles for the purposes of a DUI. However, charges are decided upon on a case-by-case basis. Whereas one person may not be found guilty of a CUI, another might be convicted depending on the judge hearing the case and the arguments presented by the prosecutor and the criminal defense attorney.
You can see that having a skilled DUI attorney on your side may make the difference in whether or not you are charged with a CUI offense or not. The criminal DUI attorneys at Hoffman & Associates have successfully defended thousands of clients facing DUI/CUI charges and understand how to fight for your rights in these instances.Cycling Under the Influence Investigation
Because the California Vehicle Code specifically states that it is unlawful for a person to be riding a bicycle while under the influence of alcohol or drugs on a highway, anyone found to be violating this section of the vehicle code must submit to a blood or breath test when asked. There is no specific blood alcohol content level set for this violation, as there is .08% for a traditional DUI.
In comparison to a DUI charge when driving a automobile, the punishments for a CUI conviction are less severe. The maximum fine allowed in these cases is $250, however it is still a criminal charge that will appear on your permanent record. Having a criminal record may have a negative impact in several areas of your life, including obtaining employment or housing.
Such a simple mistake can easily be erased through the use of effective arguments and positive evidence provided by a knowledgeable California DUI lawyer.Experienced California DUI Lawyers
If you or someone you know is facing a DUI/Cui charge, it is in your best interest to speak immediately with an experienced DUI defense attorney. At Hoffman & Associates, we understand how to successfully challenge the results of blood alcohol or other tests you may have submitted to. We also believe in defending our clients reputations through an aggressive DUI defense.
Contact us today to schedule a consultation to discuss the specifics of your bicycling under the influence case. Our attorneys have over 30 years of courtroom experience, and we can put it to work defending you!