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Biking or Cycling Under The Influence (BUI or CUI)

The time has changed and the weather feels a lot like summer is just around the corner! Excited for Sunday Funday’s, cold beers and margaritas, BBQ’s, parties and beach time? Know the law and plan ahead so your fun does not end with criminal charges.

If you head out to bike your way around town after consuming an alcoholic beverage, be aware that you can be arrested.

If your bike can be propelled, moved, or drawn upon a highway, such as a motor bike, you can be charged with driving under the influence of alcohol, drugs, or a combination of both. All the penalties of a standard drunk driving offense involving an automobile would apply. However, if your bike is self-propelled, you will not be subjected to the DUI statutes. Instead, you can be charged with BUI or CUI, biking or cycling under the influence, under California Vehicle Code Section 21200.5.

This code section specifically 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…”

The biggest difference between a DUI and a BUI is that there is no specific blood alcohol limit in a BUI case. In a criminal DUI matter, the “Per Se” limit is a .08. Also, the penalty for a conviction for BUI is a fine of not more than $250.00, which is a substantially lesser penalty than in a standard DUI case.

If you have been arrested and/or charged with riding a bicycle while under the influence or drunk driving in San Diego, you need to hire an DUI defense firm that will aggressively defend your case. For a free, confidential consultation, contact The Law Offices of Susan L. Hartman today at 619-260-1122 or use the “Contact Us” form on this page.