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Bike DUI Attorneys



If you have had too much to drink, you risk being subjected to a DUI prosecution when you get behind the wheel of a car or motorcycle. While riding home on your bicycle is a safer alternative, California law makes “cycling under the influence” a misdemeanor.

Walking, taking a taxi, or riding with a designated driver are the best ways to travel if you might be impaired by alcohol.

Arrested for biking under the influence? Contact us for a free consultation.
Section 20200.5 of the California Vehicle Code makes it a crime to ride a bicycle on a public road or path that is maintained for the use of vehicles while under the influence of alcohol or drugs. The good news about 21200.5 VC is that convictions are punishable by a fine but not by jail time.

The bad news is that a section 21200.5 VC conviction counts as a misdemeanor and therefore gives a convicted defendant a criminal record.

Even if it is eventually expunged, a 20200.5 VC conviction must be disclosed on most applications for professional licenses or government employment. A conviction can also lead to a driver’s license suspension if the rider is under the age of 21.

Before you decide to accept the consequences of a drunk bicycling conviction, get advice from an experienced bike DUI lawyer. By asserting appropriate defenses and engaging in negotiations, the criminal consequences of a drunk biking conviction might be avoided. We discuss some of those defense strategies below, but every case is different.

To learn more about how your case can be defended, call The Law Offices of Randy Collins at (888) 250-2865.

Proof of “Drunk Biking” – Riding a Bicycle

To establish a violation of 21200.5 VC, the prosecution must prove three things beyond a reasonable doubt. The first is that the accused individual was riding a bicycle. California law defines a bicycle as a wheeled vehicle that is propelled by human power.

If you are riding something that has a motor, you can be charged under California’s DUI law for drivers of motor vehicles, or under a separate law that applies to motorized scooters.

A bicycle is also defined as having a chain, belt, or gears. A skateboard is therefore not a bicycle.

The bike does not need to belong to the rider. For example, if you rent a bicycle from one of the DecoBike stations in San Diego that rents bicycles for shared public use, the San Diego police can arrest you for cycling under the influence if you begin pedaling after drinking too much alcohol.

Whether someone is riding a bicycle is usually clear, so the first fact is one that the prosecution can typically prove. In some cases, however, a police officer might only see the rider pushing a bicycle. Pushing is not riding. In other cases, a police officer might not catch the rider in the act of riding, creating the possibility of mistaken identity when the officer tickets the alleged rider at a later time.

Proof of “Drunk Biking” – Riding on a Public Road or Path

The second fact the prosecution must prove is that the accused was riding on a public road or path that is maintained for vehicular travel. Most streets easily meet that definition. So do bike paths that are maintained by a city or other governmental entity.

On the other hand, the law does not apply to private roads, lawns, and driveways. “Drunk cycling” down a hill in a public park would not violate the law unless the rider is on a path that is designed for bicycles or other vehicles. When the police can only say that the rider was on private property or on public property that is not maintained for vehicular travel, the bicyclist will have a defense to the charge of cycling under the influence.

Proof of “Drunk Biking” – Under the Influence

Third, the prosecution must prove that the rider was under the influence of alcohol or a drug. A rider is under the influence when, due to the consumption of an intoxicating substance, the rider is so impaired that he or she cannot operate a bicycle with the same care as a sober person who is riding cautiously under similar circumstances.

The presumption that a blood alcohol concentration of 0.08 is evidence of impairment does not apply to 21200.5 VC. For that reason, if a police officer administers a breath test, the prosecution will probably need to call an expert to testify about the relationship between the rider’s blood alcohol concentration and the rider’s ability to ride carefully.

When a defense attorney puts up a fight, many prosecutors will decide the effort of calling an expert witness is not worth it.

Section 21200.5 VC allows a rider who has been arrested for cycling under the influence to request a chemical test (usually a breath or blood test). If the police refuse that request, a defense lawyer can probably get the charge dismissed based on the officer’s failure to comply with the statute.

On the other hand, if a rider asks for the test and the results shows a high blood alcohol concentration, the rider may be creating evidence that will strengthen the prosecution’s case. Unless a rider is confident that the test result will be low or zero, it may be better not to request the test.

That gives the defense attorney the opportunity to challenge the arresting officer’s conclusion that the rider was under the influence.

Defense of Cycling Under the Influence Charges

The Law Offices of Randy Collins represents bicycle riders who are charged with cycling under the influence in Orange and Riverside Counties, as well as all Southern California communities, including Los Angeles and San Diego.

As a former prosecutor, Randy Collins understands that an aggressive defense will often motivate prosecutors to dismiss or reduce cycling under the influence charges.

Criminal convictions harm reputations and careers. Helping clients avoid criminal convictions for drunk bicycling and other offenses is the first priority of The Law Offices of Randy Collins. Call (888) 250-2865 to learn more about the defense strategies that can be used to help you with your charge of bike DUI.

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Excessive Blood Alcohol Concentration

Courts take a number of factors into account when they decide upon a DUI sentence. One of those is the driver’s blood alcohol concentration (BAC). It is illegal to drive with a BAC of .08 or above, but section 23578 of California’s Vehicle Code requires courts to consider a BAC of 0.15 or higher as a “special factor” that may justify an enhanced sentence.

Even when a driver receives probation, the court is likely to impose punitive conditions that will make a driver’s life more difficult.

Refusal to Take a Test

If you refuse to take a chemical test of your breath or blood and are convicted of DUI, the fact that you refused is another “special factor” that can be used to enhance your sentence. Since judges have no evidence of your actual BAC when you refuse a test, they tend to assume that your BAC was at a high level and sentence you accordingly.

Excessive Speed

Exceeding the speed limit by at least 30 mph on a freeway or 20 mph on any other road subjects the driver to an enhanced DUI penalty. Section 23582 of the Vehicle Code provides for an additional 60 days to be tacked onto the sentence that a DUI driver would otherwise receive.

Section 23582 VC tells judges to impose the 60 day sentence as a condition of probation if the judge places the driver on probation for the DUI charge. The law also requires the 60 days to be imposed as a consecutive sentence, so it cannot overlap the sentence imposed for the underlying DUI offense.

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Reckless Driving

The offense of reckless driving is defined in 23103 VC as driving “in willful or wanton disregard of the safety of persons or property.” That essentially means driving in a manner that endangers other people or their vehicles, even if you did not actually become involved in an accident.

Driving recklessly, like driving at an excessive speed, is an aggravating DUI factor specified in 23582 VC. It subjects a driver to the additional 60 days in jail on the terms that are described above.

Minor in Vehicle

Committing a DUI while a child under the age of 14 is a passenger in the vehicle subjects the driver to at least an additional 48 hours in jail. That sentence is mandatory, even if probation is granted on the underlying offense.

It cannot be stayed and it cannot be divided into shorter periods that can be served in intervals. Longer enhanced sentences may also apply, depending on the DUI offense with which the driver is charged.

Causing an Accident

If you cause an accident that leads to an injury while you are DUI, you will probably be charged under section 23153 VC. That aggravated offense can be charged as either a misdemeanor offense or a felony offense. If you cause a hit-and-run accident while you are DUI, you will probably be charged with hit-and-run in addition to facing a longer DUI sentence

Even if you caused an accident that did not result in an injury, many judges will view the accident as a reason to increase your OWI sentence. The impact of an accident upon your DUI sentence may depend upon the court in which you are prosecuted.

Client Reviews

I had never gotten in trouble before, so I was pretty concerned when I called the Law Offices of Randy Collins. After a 30 minute consultation about my DUI with injury I felt like I was in the right hands. I went with them and was very happy with the result.

Rob D.