Most people are aware that driving a motor vehicle under the influence of alcohol or drugs is illegal. However, far fewer realize that California law also criminalizes riding a bicycle while intoxicated. Cycling Under the Influence, commonly called CUI, is a misdemeanor offense in California that can carry lasting consequences. If you've been cited or arrested for CUI in Los Angeles, you need experienced legal representation to minimize the potential impact of alcohol crimes on your record and your future.
At Kraut Law Group Criminal & DUI Lawyers, Inc., we understand that a momentary mistake should not define your life. Led by former Deputy District Attorney Michael Kraut, our firm aggressively defends clients accused of alcohol-related offenses, including those involving bicycles. Whether you were stopped for allegedly riding under the influence in downtown LA, Hollywood, Santa Monica, or anywhere else in Los Angeles County, we are here to help.
What Is Cycling Under the Influence in California?Under California Vehicle Code § 21200.5, it is unlawful for any person to ride a bicycle upon a highway while under the influence of alcohol, drugs, or a combination of both. The law treats this conduct as a misdemeanor, though it is considered less severe than a traditional DUI.
Unlike motor vehicle DUI charges, a CUI offense does not carry jail time as part of its statutory penalty. Instead, a conviction is punishable by a fine of up to $250. However, the ramifications extend beyond the courtroom.
A conviction results in a criminal record, which can be discovered during background checks by employers, landlords, or licensing agencies. Additionally, if the cyclist is under the age of 21, the court may impose a one-year driver’s license suspension, even if the incident involved no car or driving whatsoever.
What Prosecutors Must Prove in a California CUI CaseTo convict someone of CUI, the prosecution must prove the following:
Each of these elements presents an opportunity for a skilled attorney to challenge the government’s case.
What Counts as a Bicycle?The statute defines a bicycle as a device "propelled exclusively by human power through a belt, chain, or gears, and having one or more wheels." This means:
Understanding this distinction is critical. If law enforcement misclassifies the vehicle involved, charges could be challenged or dismissed entirely.
Understanding “Highway” in California CUI CasesIn the context of Vehicle Code § 21200.5, the term “highway” refers to any public roadway, not just freeways. This includes:
Private driveways or private roads do not fall under the statute. If the alleged offense occurred on private property, the charge may not apply.
Why CUI Has No BAC Limit Under California LawA significant difference between CUI and motor vehicle DUI is the absence of a statutory blood alcohol concentration (BAC) limit. In a DUI case, a BAC of .08% or higher creates a presumption of intoxication. However, there is no such threshold in CUI cases.
Instead, the question becomes whether the individual was "under the influence" to the degree that they could not safely operate the bicycle. This is a subjective standard that offers multiple avenues for defense.
The arresting officer’s opinion, observations, and interpretation of behavior play a much larger role in CUI cases than in DUI prosecutions, where chemical evidence is typically central.
Common Defenses Against Cycling Under the Influence ChargesAlthough a CUI charge may seem straightforward, several legal defenses may be available. Some of the most effective defenses include:
If you’re stopped by law enforcement while riding a bike, here are a few essential tips:
Even though a CUI is considered a lower-level offense, it can still have lasting consequences. Speaking to a lawyer before pleading guilty or paying any fine is always in your best interest.
Why Choose Kraut Law Group Criminal & DUI Lawyers, Inc.?Harvard Law School-educated Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience. He has handled countless alcohol-related cases in Los Angeles and knows how the other side thinks. That insight gives his clients a distinct advantage when fighting CUI charges.
At Kraut Law Group Criminal & DUI Lawyers, Inc., we pride ourselves on thorough case evaluation, aggressive defense strategies, and a commitment to protecting our clients’ records and reputations. Whether this is your first criminal charge or one of many legal hurdles, we treat every client with the focus and dedication they deserve.
Schedule a Free Consultation TodayCycling under the Influence may not involve a car, but it’s still a criminal charge with real consequences. Don’t let a misdemeanor conviction follow you for life. Let us help you fight back and protect your future.
For a confidential, complimentary consultation with Los Angeles Criminal Defense Attorney Michael Kraut, call Kraut Law Group Criminal & DUI Lawyers, Inc. anytime, 24/7 at 888-334-6344 or 323-464-6453 or through our online form.