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Can you really be arrested for riding your bicycle while drunk?


In Los Angeles today, 5 bicyclists were arrested for DUI.  Can you really get a DUI for riding your bicycle.?  The first question that must be answered is whether a bicycle is a “vehicle” within the meaning of Vehicle Code § 670.

Vehicle Code § 670 states that “[a] “vehicle” is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.”

So, the answer is no.  A bicycle is not considered a vehicle within the meaning of the DUI statute Vehicle Code § 23152(a) or (b).  Unfortunately it does not end here.

Knowing that you might be drinking a little too much to be safe behind the wheel of a car you ride your bike thinking you’ll play it safe.  I can’t be a danger on the road if I ride my bicycle.  I’m a good citizen. Right?  Well, not according to our smart law makers.

There is a specific section of the Vehicle Code that makes it a misdemeanor to be under the influence of alcohol or drugs.  What is this ridiculous law?   Vehicle Code § 21200.5 is the nanny state law that allows an officer to arrest you for riding your bicycle while having a little too much to drink. Usually a misdemeanor has the possibility of jail. Under  Vehicle Code § 21200.5, you cannot be fined more than $250.

What’s next?  Chewing gum while under the influence?

The post Can you really be arrested for riding your bicycle while drunk? appeared first on Law Offices of Taylor and Taylor - DUI Central.

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