Driving under the influence (DUI) laws are strict and play a key role in keeping pedestrians and other motorists safe. You commit a DUI offense when you operate a vehicle under the influence of alcohol or other drugs. Although many people understand that driving while intoxicated is illegal, few are aware of CUI (cycling under the influence).

As bicycles become a popular means of transportation for many people, lawmakers are keen to ensure every bicyclist adheres to traffic rules. CUI is typically a misdemeanor offense that can attract long-lasting legal consequences.

If you are under investigation as a suspect in a CUI case, a skilled criminal defense attorney can help minimize the impact of the allegations on your record and future. Ensure you retain an attorney as soon as possible to increase your chances of securing a favorable outcome.

What CUI Means Under Vehicle Code (VC) 21200.5

According to VC 21200.5, it is illegal for anyone to ride or cycle a bicycle on a public path, roadway, or highway while intoxicated by alcohol, illegal drugs, or the combined influence of both. For example, you could face CUI charges in the following instances:

  • When you bike down a public sidewalk after drinking two or three beers with your friends in a night bar
  • When you ride your bike through your neighborhood roads while intoxicated by cocaine or marijuana
  • When you cycle through your city and miss or ignore stop signs due to intoxication by alcohol or other drugs

CUI laws are typically designed to keep cyclists who put themselves, pedestrians, and other road users at risk of injury or even death while cycling under the influence. Being under the influence means you cannot cycle or operate a bicycle as a sober person would in a similar situation.

While a bike does not have the potential to cause as much damage as a vehicle, drunk cycling can still cause road-related accidents, leading to severe injuries and even fatalities. If you cause an accident while riding a bike drunk, leading to property damage or injury, the victim or injured party could also file a lawsuit against you to seek financial compensation.

Hiring a seasoned criminal defense attorney is key if you have a pending charge for a VC 21200.5 violation. A seasoned attorney can mean the difference between a dismissal of the alleged violation and a conviction.

How the Police Determine Whether a Cyclist is Intoxicated

Generally speaking, the police usually use the same testing procedures for cyclists suspected of cycling while intoxicated as they do for motorists. If the police ask you to stop for a CUI investigation while cycling on any public roadway, you should expect the following common tests:

Field Sobriety Tests

Like in drunk driving cases, the police will require you to perform a series of field sobriety tests (FSTs) if they suspect you could be cycling while intoxicated. Common FSTs that the officers could ask you to perform include the following:

  • One-legged stand
  • Walk-and-turn test
  • Horizontal gaze nystagmus

These tests help the officer determine the officer's physical and mental ability to cycle safely on the highway, as a cautious, sober cyclist would under similar conditions.

Breathalyzer Tests

Another common way that can help the officer determine whether you are intoxicated is the breathalyzer test. A breathalyzer is a gadget that detects alcohol in your breath vapor. While it is a helpful way to measure a cyclist’s BAC (blood alcohol concentration), this test is prone to several errors, some stemming from mechanical issues with the device.

Chemical Urine or Blood Tests

While at the police station after an arrest, the officer may ask you to provide urine or blood samples to test your BAC. Although officers may measure BAC, California law does not establish a specific BAC threshold for a CUI conviction.

It is worth noting that the BAC level does not matter much in drunk driving cases, and the police can arrest you for an alleged CUI offense even if your BAC level is below the legal threshold. Any sign of impairment, including poor results on your field sobriety tests, is enough to give the officer probable cause to arrest and detain you as a suspect in a CUI case.

What the Prosecutor Must Prove to Secure a VC 21200.5 Violation Conviction Against You

During your trial hearing after an arrest for an alleged VC 21200.5 violation, the prosecution team will bear the legal burden of proving to the court that the allegations filed against you are true beyond a reasonable doubt. If not, the court will likely dismiss or reduce your charges to a lighter offense. Here are the facts the prosecutor must prove at trial to secure a VC 21200.5 violation conviction against you:

You Were Riding a Bicycle

The first element the prosecutor must prove is that you were riding or cycling your bicycle at a specific place and time. Bicycle riding is the act of propelling yourself forward on a bicycle by using pedals and wheels. According to VC 21200.5, a bicycle is any object or device that you can propel to move forward using a chain, gears, and one or two wheels.

Therefore, if your bike is motorized, it will not count as a bicycle under this statute, and the prosecutor will likely file your case under standard DUI laws (VC 23152 or VC 21221.5). VC 21221.5 makes it illegal to operate a motorized scooter while under the influence of alcohol or drugs. Understanding this distinction is vital, and your attorney understands that.

If your charges were misclassified, your attorney can help provide appropriate evidence to challenge the allegations and secure a positive outcome.

You Were Riding Your Bicycle on a Public Highway

In the context of VC 21200.5, the term "highway" can be any public roadway, not just freeways, including the following:

  • Suburban roads
  • City streets
  • Rural lanes
  • Bike paths, sidewalks adjacent to public roadways

That means, if your arrest occurred on a private roadway, a VC 21200.5 charge will not apply, and the court will likely dismiss your CUI case.

You Were Under the Influence

Another crucial element that the prosecutor must prove to receive a VC 21200.5 violation conviction against you is that you were under the influence of drugs or alcohol. According to this statute, you are “under the influence” if:

  • Your physical and mental abilities were impaired by the substances or alcohol
  • You cannot operate or ride your bike safely like a cautious rider or bicyclist would under similar circumstances

The court will consider you intoxicated and convict you of a VC 21200.5 violation if the prosecutor can prove the above facts beyond a reasonable doubt. However, a skilled criminal defense attorney can level the playing field and present arguments that can help you secure a positive outcome.

It is important to note that, unlike the 0.08% rule in DUI cases involving motor vehicles, there is no set blood alcohol concentration (BAC) limit for CUI cases. That means the prosecutor does not have to prove your BAC level at the time of the arrest to secure a CUI conviction against you. However, A BAC of 0.08% or higher may be strong evidence of impairment, but prosecutors must still prove you were under the influence while riding at the time of the arrest.

When you are confident you are not intoxicated and you want to present your evidence, you can ask the officer to test your BAC level at the time of your arrest. The officer can do so by using a breathalyzer, which detects alcohol in the breath vapor, or by asking for a urine or blood test, which is frequently performed at the police station.

Potential Legal Defenses Your Attorney Can Use to Challenge the CUI Charge

While a CUI charge could seem straightforward, without adequate evidence to prove all the elements of the crime beyond a reasonable doubt, the court cannot convict you of a VC 21200.5 violation. At the trial hearing, the prosecutor will focus on weakening the prosecutor's case against you. Below are possible legal defenses your attorney can use to convince the court to dismiss or reduce your CUI case:

You Were Not Under the Influence

VC 21200.5 provides a clear definition of what constitutes being "under the influence." Even if you had a bottle of alcohol, that does not mean you are legally intoxicated. Without chemical test results or field sobriety test results, the prosecutor may experience challenges proving you are under the influence.

A seasoned criminal defense attorney understands that, and he/she can use the specific facts of your unique case to prove to the court you were not under the influence at the time of the arrest. If the defense arguments work to your advantage, the judge could dismiss or reduce your CUI penalties.

You Were Not Cycling Any Public Highway

Remember, the prosecutor needs to show that you were cycling or riding your bicycle on a public highway to receive a conviction against you for a VC 21200.5 violation. Therefore, if your DUI attorney can prove that the conduct in question occurred around a private path, the court could dismiss or reduce your charges.

The Arresting Officer Had No Probable Cause for Your Arrest

The police must have reasonable suspicion to stop you, a cyclist or a motorist on suspension, that you were cycling under the influence. Examples of acts that can give the officers reasonable suspicion to ask you to stop for a CUI investigation include:

  • Errating riding
  • Speeding
  • Swerving on the roadway
  • Running a stop sign

If your attorney can prove that your stop for a CUI investigation lacks adequate justification, the court could dismiss or reduce your charges. For example, your attorney can argue that erratic riding was due to an uneven road surface or poor lighting and not necessarily due to intoxication or impairment to secure the best possible outcome.

If your attorney can prove that the arresting officers had no probable cause for your arrest, the court will consider the evidence obtained against you inadmissible, meaning it cannot apply against you.

The Exhibited Symptoms of Intoxication Have a Different Explanation

Your physical appearance also plays a crucial role when deciding whether you are cycling while intoxicated. In most cases, the arresting officers will testify that you were impaired and intoxicated because you exhibited the following objective signs of intoxication:

  • A flushed face
  • A slurred speech
  • Watery and red eyes
  • An unsteady gait

However, these symptoms could also be due to other innocent reasons, including fatigue, eye irritation, a cold, or allergies. If these legal defense arguments work in your favor, the judge will dismiss or reduce your charges to a lighter offense with less serious legal consequences.

The FSTs' results are Inaccurate

The prosecutor will heavily rely on the FST results to prove you were drunk riding. However, a reliable attorney can challenge this evidence by arguing that balance and coordination at the time of the tests were affected by:

  • Fatigue
  • Nerve injury
  • Your clothing, including shoes
  • How lit the environment was

You are a Victim of Police Misconduct

Police misconduct cases are not uncommon in DUI and CUI cases. Your attorney can argue that the officer selected you to stop for a CUI investigation because of your race or skin color. Another common form of police misconduct is illegal search. If your attorney has sufficient evidence to prove you are a victim of police misconduct, the judge could dismiss or reduce your charges.

The Officers Did Not Comply With the Title 17 Regulations

The Code of Regulations, Title 17, governs how a police officer should conduct breath and blood tests of suspects in DUI and CUI cases. The crucial requirements that will apply include the following:

  • The officer must observe you for at least 15 minutes before administering a breathalyzer test
  • The officer taking your blood sample must be well-trained
  • The testing equipment must be calibrated and maintained regularly
  • Your blood or urine sample should be stored in a clean container to prevent contamination

If the officers fail to observe and comply with these Title 17 regulations, your BAC level test results could be exaggerated. That means if the prosecutor had your BAC test results as evidence against you, the court could consider them inadmissible, meaning they cannot apply against you.

The rule of thumb is that when you are under arrest or have a pending CUI case, work with a competent and seasoned criminal defense attorney. After a thorough investigation of your unique case and interviewing eyewitnesses, a seasoned attorney will know which of the above legal defenses will work in your favor to secure a positive outcome.

Are There Other Crimes That Are Closely Related to CUI?

CUI is closely related to a few other crimes that the prosecutor could file against you if he/she does not have adequate evidence to convince the court to convict you for a VC 21200.5 violation. Here are common examples of these crimes:

  1. Driving Under the Influence (DUI)

VC 23152(a) makes it illegal to drive while intoxicated by drugs or alcohol. The definition of being “under the influence” under this statute is similar to the VC 21200.5 definition. The prosecutor can secure a conviction against you under this statute even if your BAC were below the legal threshold of 0.08%. The prosecutor is more likely to file a DUI charge against you if your bike was motorized.

  1. Public Intoxication

Under Penal Code 647f, it is unlawful for anyone to be intoxicated in a public space. It is worth noting that the “intoxication” mentioned in this law could either be due to illegal narcotics or prescription drugs.

The prosecution team is more likely to file a public intoxication charge against you if he/she cannot prove that you were riding a bicycle, which is the cornerstone element of a VC 21200.5 charge.

Steps to Take When You are Under Investigation or Arrest as a Suspect in a CUI Case

If the police stop you for a quick CUI investigation while riding your bike on a public highway, you need to know what to do to protect your legal rights and avoid disclosing incriminating information. Here are a few key tips to keep in mind when interacting with officers:

  • You have the right to remain silent and stop answering his/her questions
  • Do not admit to taking any alcohol
  • You can request a chemical test to determine your BAC level
  • You have a right to retain the services of a criminal defense attorney

Find a Criminal Defense Attorney Near Me

As you can see above, a CUI is a serious offense, but you can avoid or reduce the possible legal repercussions by working with a skilled criminal defense attorney. At Los Angeles Criminal Attorney, we pride ourselves on thorough case evaluation, and we will leave no stone unturned when preparing legal defenses to challenge your CUI case. Call us at 424-333-0943 to discuss the details of your unique case with one of our credible CUI attorneys.