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Biking while Under the Influence is a Crime in California

What automatically comes to mind when you hear a driver was stopped for driving under the influence, or DUI?

Probably a police officer standing on the driver’s side of a parked car, truck, or SUV. According to California law, the image of a driver stopped for DUI should include a bike. Yes, the state subjects bicycles to the same traffic laws and restrictions as a passenger vehicle.

A Driver Can be Charged with DUI While Riding a Bike According to California Vehicle Code 21200.5

VC 21200.5 makes it unlawful for anyone to ride a bicycle on a highway while under the influence of drugs or alcohol. The police officer may request the bicyclist to perform a field sobriety test or take a chemical test. Blood, urine and breath tests may also be used by law enforcement to determine whether a bicyclist was under the influence.

The current penalty for any bicyclist found to be under the influence of drugs and/ or alcohol is a $250 fine.

A $250 fine seems less severe than probation or jail. However, biking under the influence is a misdemeanor offense. It will show up on your criminal record. If the driver is under 21 years old, your driver’s license could be suspended. A license suspension can last for one year.

If the bicyclist is not old enough to drive, California law may prohibit him or her from obtaining a license for up to one year.

How to Defend against a Biking While Under the Influence Charge?

If a police officer notices a bicyclist riding in an irregular pattern, he may suspect DUI. It’s an automatic assumption that could be wrong. Intoxication isn’t the only reason a bicyclist may swerve while riding. Debris, a gust of wind, a child running into the street or a swerving to avoid an animal are reasons a bicyclist could swerve.

Arrested for Biking Under the Influence While in Los Angeles County?

If you’ve been charged with DUI while riding a bike, contact the Law Offices of Jonathan Franklin. Jonathan Franklin is a former prosecutor and a tough, aggressive DUI attorney. His team of attorneys is ready to fight for you. He will listen to your case and determine your legal options. More importantly, he will provide a vigorous defense in an effort to successfully resolve your biking while under the influence charge.

Schedule a free consultation with the Law Offices of Jonathan Franklin to start resolving your DUI charge.

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Contact Information

Jonathan Franklin DUI Attorney
6777 Hollywood Blvd Ste 508
Los Angeles, CA 90028
323-464-6700