For cases involving cycling under the influence in California, for example, there are special laws that govern bicyclists. The California Vehicle Code created an exception for devices moved exclusively by human power, meaning that a bicycle is not a “vehicle” for purposes of the California DUI laws.
However, the California Vehicle Code does provide that it is unlawful for any person to ride a bicycle upon a highway while under the influence of alcohol (or drugs), and that all persons arrested for violating this section are required to give a test of their blood or breath (or urine, if drugs are suspected), just as in a driving under the influence case. There is no “per se” violation relating to a particular blood alcohol level (such as the .08 laws), as there are in traditional DUI cases.
A conviction of violating the California cycling under the influence statute subjects the violator to a base fine of $250.00. This is substantially less than the fines imposed for DUI cases involving “vehicles”.
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