California Vehicle Code 21200.5 – Cycling Under the Influence

It may seem harmless to operate a bicycle after drinking, but in California, it can subject you to legal repercussions. Cycling under the Influence (CUI) is a criminal offense under Vehicle Code 21200.5 that can result in fines and a criminal record. If you face charges for this offense, seek a defense lawyer experienced in DUI and CUI. They can help you build a strong defense and protect your rights.

We at the Law Offices of Anna R. Yum are here to help defend you against cycling under the influence or related charges. Our team has decades of experience in DUI and CUI defense across the San Diego area and is on standby to represent you throughout the legal process.

Legal Definition of Cycling Under the Influence?

California Vehicle Code 21200.5 (VC) prohibits riding a bicycle while impaired on public roads. Cyclists have the same responsibilities as motorists regarding obeying traffic laws. However, you will not be subject to the same penalties as someone driving under the influence of a motor vehicle. You are still responsible for putting yourself and others in danger. Knowing this offense’s specific elements and statute’s definitions is the first step to building a solid defense.

Elements of the Crime

To secure a conviction under Vehicle Code 21200.5, the prosecution must prove certain elements beyond a reasonable doubt. These are:

1. You rode a bicycle. This law only applies to bicycles as defined by California law. If you were driving a motor vehicle, motorized bicycle, or scooter, you would be charged with a conventional DUI rather than a CUI.

2. You operated a bicycle on a “highway” (public road or street). In California, a highway is any public road or street. Whether you were cycling down city streets, suburban streets, or any other public thoroughfare, this element must be met. VC 21200.5 does not apply to cycling on private property, for example, in a privately owned park or driveway.

3. You were “under the influence” of alcohol, drugs, or both while riding the bike. Under the influence suggests that you were so physically or mentally impaired that you could not operate your bicycle with due caution under the same or similar circumstances as a sober person. The court evaluates this impairment by looking at the totality of circumstances, including what the law enforcement observes, your behavior at the stop, and any chemical tests conducted.

Definitions Under VC 21200.5

Below are definitions of key terms defined within Vehicle Code 21200.5. These help you build a strong defense, and they include:

• Bicycle

A bicycle is any vehicle propelled solely by human power via mechanisms like belts, chains, or gears. Bicycles can have one or more wheels, which accommodate traditional bicycles and tandem or multi-wheeled models.

This definition excludes motorized bicycles or mopeds governed by California’s broader DUI statutes. The specificity of the law is that only non-motorized human-powered vehicles are subject to charges under VC 21200.5.

• Highway

California law defines the term highway as any publicly accessible road or street. In all cases, these areas are considered legal highways. However, freeways are excluded. For example, private property like driveways or roads are not highways under this statute.

• Under the Influence

Under the influence, you are impaired in such a way that you cannot ride your bicycle with the same degree of caution that a sober person would in the same circumstances. Alcohol and drugs can cause this impairment or can occur together.

Whereas there are specific blood alcohol concentration (BAC) levels required for motor vehicle DUIs, CUIs do not. However, rather than impairing, law enforcement officers and courts look at the facts of a case, such as erratic riding behavior, difficulty maintaining balance, or failing field sobriety tests.

Example Scenario

Hunter, a cyclist, had a single beer with friends, then rode through his small California town on a bike. He is cautious, stopping at the red lights on the speed limit and signals turn when needed by law. After seeing him swerve slightly to avoid a pothole, an officer stops Hunter, thinking he might be drunk. Hunter smells faintly of alcohol when the officer notices and decides to give Hunter field sobriety tests. Hunter does well on the test, which is evident during the encounter.

Hunter may not be guilty of cycling under the influence in this case. His initial observations raised the officer’s first suspicions, but his behavior on the ride and tests are consistent with a cautious, sober person.

Hunter’s slight swerve was a perfectly understandable response to an obstacle, not an indication of impairment. Without more evidence that his mental or physical abilities were impaired in such a way as to endanger himself or others, the prosecution would have difficulty proving the element of being under the influence of the offense.

Legal Defenses to VC 21200.5 Charges

It does not necessarily mean that a charge of cycling under the influence means you are guilty. You have several legal defenses that you can use to counter the allegations and possibly achieve a favorable outcome. You win if you show the prosecution’s case does not fit the elements of the crime.

Not Under the Influence

Your defense is based on demonstrating that alcohol, drugs, or a combination of both did not impair your mental or physical abilities. You can say you were not under the influence when it happened. Clear communication, steady riding, and proper decision-making on the road can help you.

It begins with subjective observations such as an unsteady gait or a faint smell of alcohol, which law enforcement officers often use to justify their claims. However, these signs do not mean impairment. For example, factors such as fatigue or a medical condition could be responsible for such behavior. An officer’s judgment might be called into question by a defense attorney who might present alternative explanations for the observations.

Rare but not unheard of, chemical testing could also be used. Your attorney could dispute the results of a blood or breath test. Inaccuracies in calibration, poor test administration, or sample contamination undermine the evidence against you.

Not on a Public Highway

One of the fundamental elements of cycling under the influence charge is that the alleged offense occurred on a “highway.” In California, a highway is defined as any publicly maintained road for vehicular travel, including streets and thoroughfares within cities and towns. This defense applies especially if you were cycling on private property such as a driveway, parking lot, or private road when stopped or arrested.

For example, the law does not apply if you ride your bicycle within the confines of your apartment complex or a private farm road. Incidents occurring outside the jurisdiction of public highways are explicitly excluded from VC 21200.5. If you are charged with cycling under the influence, the prosecution must prove that the alleged cycling under the influence occurred on a legally defined public highway. Without this proof, their case could fail.

Often, establishing this defense requires introducing evidence, such as photographs, property maps, or testimony from witnesses who can testify to where the incident occurred. An experienced attorney can look at where you were arrested and argue that it does not meet the statutory definition of a highway.

Law enforcement officers often stop cyclists on private roads and think they are on public roads. If the stop occurs in such a case, any evidence collected during the stop, such as statements or observations, would be subject to challenge as inadmissible. With an attorney’s help, you should be able to argue strongly that the charges should be tossed based on lack of jurisdiction under VC 21200.5.

No Probable Cause to Stop

In California, police cannot arbitrarily stop you while riding a bike. To make a lawful stop or arrest under Vehicle Code 21200.5, the officer must have probable cause, a reasonable belief that you have violated the law. This standard ensures that your constitutional rights under the Fourth Amendment are protected against unlawful searches and seizures.

This standard ensures that your constitutional rights under the Fourth Amendment are protected against unlawful searches and seizures. If the officer who detained you did not have probable cause, any evidence gathered during the stop can be excluded from the case, weakening the prosecution’s argument.

For example, the stop could be improper if an officer states that you were swerving or not obeying traffic signals but without hard evidence or legitimate observation. Law enforcement’s simple mistakes or misunderstandings do not reach the probable cause threshold. For instance, if an officer stops you because it is late at night or you look tired, that would not be an intrusion into your privacy.

Your defense lawyer can review body cam footage, dash cam videos, or witness accounts to determine whether the officer’s stop was legal. They can file a motion to suppress evidence if the stop is based on no fact, and evidence can be excluded from trial. It could be things like officer observations, field sobriety test results, or incriminating statements you might have made. Without this evidence, the prosecution may be forced to dismiss the charges or reach a favorable resolution.

Possible Punishment and Penalties

In California, riding a bicycle while under the influence is a misdemeanor. The penalties, however, for this offense are considerably less severe than for driving under the influence. If found guilty, you will be fined up to $250. This statute does not require jail time, reflecting the state’s understanding that bicycles are less risky than motor vehicles when operated under the influence.

The fine may not seem that big, but the consequences of a conviction can go well beyond that. A misdemeanor record can have lasting effects since a misdemeanor record can remain in your public criminal history. This information may be made available to prospective employers, landlords, or educational institutions during background checks, resulting in reputational harm or missed opportunities.

A conviction under this law does not count as points on your driving record and does not lead to suspension of your driver’s license. That is one way it differs from a typical DUI case, which carries more severe penalties, including license revocation.

Expunging Your Conviction

A conviction for cycling under the influence does not have to follow you forever. If you fully pay the imposed fine, you can expunge this misdemeanor under California law. Expungement is a legal means to lessen the effects of your conviction and give those who wish to put the past behind them a new beginning.

If your conviction is expunged, the charge disappears from the public records. While it will remain available to government agencies like law enforcement and the courts, it will no longer appear on most background checks run by employers, landlords, or others. This benefit will significantly diminish the stigma of having a criminal record and help you restore your reputation and credibility in your personal and professional lives.

To expunge, you file a petition with the court that heard your case, asking the court to expunge. If the court grants it, the court will withdraw your guilty plea or verdict and dismiss the case, making the conviction for all practical purposes as if it never happened. However, this does not erase the record. Instead, it dismisses the charge under California Penal Code 1203.4.

An expungement can be especially helpful if you want to move on to a new job, school, or living place. Candidates with criminal histories are less attractive to employers and institutions who hire candidates without visible criminal histories; removing this blemish from your record increases your chances of success. However, the process is such that it needs proper preparation to avoid being caught up in the law and delays.

Offenses Related to Cycling Under the Influence

Vehicle Code 21200.5 intersects several criminal statutes. Along with charges of cycling under the influence, you will be charged with each offense and its elements and penalties if you are accused of these related offenses. Learn how a VC 21200.5 relates to other similar offenses below:

Driving Under the Influence (DUI) – VC 23152 a

VC 23152 a is unlike cycling under the influence in that it only applies to motor vehicle operators. Driving while you are impaired by alcohol, drugs, or a combination of both is against the law. Also, VC 23152(b) assumes intoxication if your blood alcohol concentration (BAC) is at or above 0.08%.

When arrested for DUI, law enforcement may use several forms of evidence against you. Often, the officer’s observations during your stop become the foundation. Erratic driving, slurred speech, and bloodshot eyes are all things they may note to indicate impairment.

Field sobriety tests designed to check coordination and focus are generally used, followed by chemical testing to confirm intoxication levels. These tests seem definitive, but they are far from perfect.

Common DUI investigation tool breathalyzer devices are prone to error. The problem is that a machine that hasn’t been calibrated correctly can produce inflated BAC readings, leading officers and the court to be misled. While more reliable, blood tests are not error-free.

Since samples can be mishandled or contaminated, their integrity can be compromised, and thus, their accuracy is cast into doubt. Field sobriety exercises are even criticized for being subjective, as these tests do not take into account conditions like fatigue, anxiety, or some medical issues that can mimic drunkenness.

A conviction for a DUI under VC 23152 is much harsher than cycling under the influence. You may face penalties, including probation, hefty fines, attendance in DUI education programs, or a license suspension. These consequences increase with multiple offenses. That means, repeat violations mean jail time and longer suspensions.

Despite the seriousness of a DUI charge, an experienced attorney can analyze every facet of your case, from the legality of the traffic stop to the reliability of the evidence, to construct a robust defense.

Boating Under the Influence (BUI) – HN 655

In California, HN 655 prohibits operating a boat under the influence of alcohol or drugs. If you are caught, you will face serious consequences. Boating Under the Influence (BUI) laws are just like a DUI for motorists to make sure boaters are sober so they can protect their own lives and the lives of people on the water.

Whether cruising on a small recreational vessel or navigating a commercial boat, You have to be able to operate your boat safely and responsibly. There are distinctions between standard boats and commercial vessels.

The standard vessel BAC threshold is 0.08%, the same as for motor vehicles, while commercial vessels have a lower limit. Even if it is not obvious to everyone, if your BAC is higher than the legal limit, you could be considered intoxicated.

The penalties are even harsher if your boating behavior results in an accident or injury. If you operate a boat negligently while under the influence, this causes injury or death, you may be charged with additional criminal charges.

You should know that a BUI conviction in California can result in more than fines and probation. Depending on the circumstances, convicted individuals may face jail time, mandatory boating safety courses, and a suspension or revocation of their boating license. The penalties for causing an accident or fatality while intoxicated can become much more severe in some cases.

Public Intoxication – PC 647 f

California Penal Code 647 f prohibits being intoxicated in public by alcohol or drugs. This law criminalizes your behavior if you are found drunk in public, and it disturbs the peace, endangers others, or makes you unable to care for yourself.

A PC 647 f violation is typically a misdemeanor. You could face severe consequences if you are arrested or convicted of this charge.

Public intoxication, however, does not just apply to people who are visibly drunk or who are under the influence of drugs under California law. An arrest can occur if you are behaving erratically, stumbling, or showing signs of extreme intoxication in public spaces.

The key here is whether your condition makes you unable to take care of your safety or the safety of others, and, therefore, law enforcement can arrest you under PC 647 f. This could be in a public park, on the streets, or in private places like parking lots.

If you are arrested for public intoxication, you may be fined, ordered to attend counseling, or sent to jail for a brief period unless other charges accompany the arrest. Officers also have the discretion to detain you until you sober up, sometimes in a holding cell or at a detoxification facility, depending on the circumstances — if you are a danger to yourself or others.

Unlike other alcohol-related offenses such as DUIs or BUI, PC 647 f focuses on your state of intoxication and public behavior rather than the potential for harm when operating a vehicle or vessel. However, that does not mean a conviction for public intoxication will not have a social stigma that can affect your personal and professional life.

Keep in mind that this can even be contested when it comes to a public intoxication charge under PC 647 f. For example, the officer had to have had reasonable belief that you could not look after your safety or that you were endangering others. If they did not have probable cause or acted improperly when making the arrest, your defense attorney might be able to dismiss the case.

Find a DUI Attorney Near Me

Although the legal consequences of cycling under the influence are not nearly as serious as operating a motor vehicle while intoxicated, cycling under the influence is still something to be wary of. The consequences are not as immediate and serious as those of a DUI. They are real and can negatively impact your life in ways you may not anticipate.

If you are arrested for cycling under the influence in San Diego, we at the Law Offices of Anna R. Yum are here to defend you. We provide personalized legal counsel and aggressive representation to protect your rights throughout the legal process. Call us at 619-493-3461.