Most people associate DUI charges with motor vehicles like cars and trucks. But what happens if you're riding a bicycle after a few drinks? Can you actually get a DUI on a bike in California? The answer might surprise you.
Cycling Under the Influence: CA Vehicle Code §21200.5
California does have a law that addresses riding a bicycle while intoxicated, but it differs from a standard DUI. Under California Vehicle Code §21200.5 VC, it's illegal to ride a bicycle on a highway while under the influence of alcohol, drugs, or both. The statute states:
"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. Any person arrested for a violation of this section may request to have a chemical test made of the person's blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person's blood."
This offense is commonly referred to as "cycling under the influence," or CUI.
Key Differences Between CUI and DUI
While CUI and DUI may sound similar, there are significant differences between these two offenses in California:
Legal Classification
DUI is typically charged as a misdemeanor (though it can be elevated to a felony in certain circumstances) and carries serious criminal penalties. Cycling under the influence is also classified as a misdemeanor under California law, though the penalties are far less severe than those for DUI.
Penalties
- CUI penalties: Maximum fine of $250 with no jail time.
- DUI penalties: Include jail time (up to six months for a first offense), fines ranging from $390 to $1,000 (plus penalty assessments that can increase the total to several thousand dollars), license suspension, DUI school, probation, and potential installation of an ignition interlock device.
Legal Limits
One of the most notable differences is how the law treats blood alcohol concentration (BAC):
- DUI: California has a per se law making it illegal to drive with a BAC of 0.08% or higher. This means you can be convicted based solely on your BAC level, regardless of whether you appeared impaired.
- CUI: There is no specific BAC limit. An officer must determine that you are "under the influence" based on your behavior, appearance, and other factors. Simply having alcohol in your system is not enough for a CUI charge if you're not actually impaired.
Criminal Record and Consequences
Both CUI and DUI convictions are misdemeanors that result in a criminal record. However, a DUI conviction also counts as a "priorable" offense, meaning subsequent DUIs within 10 years carry enhanced penalties.
While a CUI conviction does create a criminal record, the absence of jail time, license suspension, and the lower fine make it less impactful than a DUI conviction.
License Implications
Perhaps one of the most significant differences: a CUI does not result in the suspension of your driver's license, while a DUI conviction triggers an automatic license suspension through the DMV.
What About E-Bikes and Motorized Bicycles?
The rules get a bit more complex when it comes to electric bicycles (e-bikes) and motorized bicycles. California’s CUI law under Vehicle Code §21200.5 applies only to bicycles “propelled exclusively by human power.” This means that electric or motor-assisted bikes generally do not fall squarely under the CUI statute.
However, California does not have a law that specifically addresses operating an e-bike while under the influence.
Most of the time, these cases would still be charged under the CUI statute, especially if the e-bike is low-powered and functions similarly to a standard pedal bicycle. Law enforcement typically treats these situations like regular bicycle impairment cases, which carry less severe penalties than a traditional DUI.
However, there are circumstances where an e-bike rider could face a standard DUI charge:
- High-powered or Class 3 e-bikes: These pedal-assist bikes can reach speeds up to 28 mph and may be considered motorized vehicles under certain conditions.
- Motorized bicycles or throttle-based e-bikes: If the bike has a motor that propels it without pedaling, it may be classified as a motor vehicle for DUI purposes.
In these situations, prosecutors could choose to pursue a standard DUI under California Vehicle Code §23152, which carries higher fines, possible jail time, and license-related consequences.
As e-bikes grow in popularity, the law around riding them while impaired is likely to evolve. Legislators and courts may clarify how DUI rules apply to different classes of e-bikes, especially higher-powered models, to ensure both rider safety and legal consistency.
If you've been arrested for DUI, CUI, or anything in between, call our attorneys at The Law Offices of Taylor & Taylor for help: (562) 330-4173.
