San Diego DUI Lawyers Blog
Can You Get a DUI on an E-Bike in California?
As electric bikes become more common on San Diego’s streets and coastal trails, many people wonder: Can you get a DUI while riding an e-bike? The short answer is yes—but it’s not the same as a DUI in a car. California law treats e-bikes differently than motor vehicles, but riding one under the influence can still lead to criminal charges under a separate section o
f the Vehicle Code.
Here’s what every e-bike rider should know before hopping on after a drink.
🚲 What Is an E-Bike Under California Law?
California categorizes e-bikes into three classes under Vehicle Code § 312.5:
- Class 1 – Pedal assist, no throttle, up to 20 mph
- Class 2 – Throttle-powered, up to 20 mph
- Class 3 – Pedal assist, up to 28 mph, must have a speedometer
Unlike mopeds or motorcycles, e-bikes are not classified as “motor vehicles.” This distinction is crucial when it comes to DUI laws.
🚨 Can You Be Arrested for DUI on an E-Bike?
Standard DUI Laws: Vehicle Code § 23152 The main California DUI law—Vehicle Code § 23152—applies only to motor vehicles. Since e-bikes are not considered motor vehicles, this statute does not apply to e-bike riders.
Bicycle DUI Law: Vehicle Code § 21200.5 “A person shall not ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug…” This includes all types of bicycles, including electric bikes. So yes, you can be cited or arrested for DUI on an e-bike under this statute.
⚖️ What Are the Penalties for an E-Bike DUI?
While less severe than a car DUI, an e-bike DUI is still a criminal offense. The penalties for violating VC § 21200.5 include:
- A fine up to $250
- No jail time
- No license suspension (unless under 21)
- No mandatory DUI classes
Under 21? If you’re under 21, Vehicle Code § 13202.5 allows the DMV to suspend your driver’s license for one year, even if the DUI happened on an e-bike or regular bicycle.
👮 What Happens If You’re Stopped?
If a San Diego police officer suspects you’re riding under the influence, they may:
- Stop and detain you
- Perform a field sobriety test (FST)
- Request a preliminary alcohol screening (PAS) test (a breathalyzer)
Do You Have to Take the Breathalyzer?
Unlike motor vehicle DUIs, there is no implied consent for cyclists under VC § 21200.5. This means you can legally refuse a breath or blood test, and your license won’t be automatically suspended for refusing. However, refusal could still factor into the officer’s report and the prosecutor’s case.
🛡️ Legal Defenses to E-Bike DUI Charges
Even if cited, you may have valid legal defenses, such as:
- Lack of probable cause for the stop
- Faulty or inaccurate field sobriety testing
- Not being on a “highway” (which includes most public roads, but not private property)
- No proof of actual impairment
It’s important to speak with a DUI attorney familiar with both traditional DUIs and alternative vehicle DUIs like those involving bicycles, e-bikes, and scooters.
✅ Conclusion: E-Bike Riders Can Still Face DUI Charges. You might not face the full consequences of a car DUI, but riding an e-bike under the influence is still a criminal offense in California. The penalties may be lighter, but a conviction can still affect your record—especially if you’re underage.
If you’ve been cited or arrested for DUI on an e-bike in San Diego, don’t brush it off. Talk to an experienced San Diego DUI defense attorney who understands the nuances of Vehicle Code § 21200.5.
📞 Contact Our San Diego DUI Defense Firm Today. At The Law Offices of Susan L. Hartman, we’ve defended hundreds of DUI cases—on everything from Teslas to e-bikes. Let us help you protect your record and your future.
Free phone consultation | Call 619.260.1122 or Text 858.365.3316.