Is Cycling Under the Influence Illegal in California?
Yes, it is illegal to cycle under the influence of drugs or alcohol on a highway in California. Here, highway is a catch-all term, and it means any public road, path, or highway. Private roads and driveways are excluded. Although cycling under the influence is illegal, it does not result in the suspension of your driving privileges or jail time. However, a $250 fine is imposed. The same legal limit of .08 applies to cyclists and drivers alike, but remember, even below that limit you can be punished for cycling or driving under the influence if your alcohol intake has impaired your ability to safely drive.
What Other Information Should I Know?
Cycling while under the influence (CUI) can increase the risk of an accident by 400%. 15% of all bicycle injuries occurred with the cyclist having consumed alcohol. Finally, cyclists under the influence are less likely to wear a helmet. Some of the effects of alcohol that can lead to a cycling accident include:
- Slower or delayed reaction times
- Impaired vision
- Drowsiness
- Inability to concentrate
- Reduced fine motor skills and balance
One of the crucial differences between CUI and driving under the influence (DUI) is that CUI does not have a benchmark number for determining if someone is under the influence. In DUI cases, the benchmark blood alcohol level is .08. When someone is arrested for CUI, they can request a chemical test to measure the amount of drugs/alcohol in their body. The officer must comply with this request and administer the test.
What are my Defenses?
There are a number of ways to contest a charge of CUI. Like DUI cases, the arresting officer must have probable cause to stop the cyclist. Unlike erratic driving, erratic cycling behavior is much more common and there are more explanations available including road and weather conditions or other obstacles. The officer’s justification for stopping and arresting a cyclist can be challenged the same way as if the arrest was made on a driver of a motor vehicle.
By riding in a paceline, cyclists can reduce wind drag by as much as 50%. Hiring a lawyer should work the same way, reducing friction and making your life easier.
If you’ve been injured on your bike and need legal help, I am here to work with you and take on the headwinds of your legal troubles. Let’s go further together. Reach out with a brief description of your legal issue and the best way to contact you.
