Los Angeles Cycling Under the Influence Attorney

Los Angeles Cycling Under the Influence Attorney

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 Case

To convict someone of CUI, the prosecution must prove the following:

• The defendant was riding a bicycle.
• The defendant was on a public highway.
• The defendant was under the influence of alcohol, drugs, or both at the time of riding.

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:

• Pedal-powered bicycles are covered.
• Electric bikes and motorized scooters are not considered bicycles under this statute.
• A person operating a motorized bicycle (moped) or electric scooter while intoxicated may face traditional DUI charges or charges under Vehicle Code § 21221.5 for motorized scooter operation while impaired.

Understanding this distinction is critical. If law enforcement misclassifies the vehicle involved, charges could be challenged or dismissed entirely.

Understanding “Highway” in California CUI Cases

In the context of Vehicle Code § 21200.5, the term “highway” refers to any public roadway, not just freeways. This includes:

• City streets
• Suburban roads
• Rural lanes
• Sidewalks and bike paths adjacent to public roads

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 Law

A 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 Charges

Although a CUI charge may seem straightforward, several legal defenses may be available. Some of the most effective defenses include:

• Lack of Probable Cause. Police must have reasonable suspicion to stop a cyclist. Erratic riding may be explained by uneven pavement, poor lighting, or obstacles on the road. A stop without valid justification may result in the exclusion of evidence or dismissal of the case.
• Not on a Public Highway. If the alleged conduct occurred in a private area, such as a gated community or privately owned parking lot, the statute may not apply.
• Not Under the Influence. Even if the rider had consumed alcohol, that does not automatically mean they were legally under the influence. Without a chemical test or compelling evidence of impairment, the prosecution may have difficulty meeting its burden of proof.
• Improper Vehicle Classification. If the device being ridden was a motorized bicycle or scooter, the arresting officer may have charged the wrong offense. In some cases, charges have been dismissed simply because the wrong statute was applied.
• Unreliable Field Sobriety Tests. Unlike motor vehicle DUI cases, field sobriety tests (FSTs) conducted on cyclists are even less reliable due to environmental conditions. Uneven terrain, poor lighting, or the lack of standardized procedures can undermine the validity of these tests.

What to Do If You're Stopped or Arrested for CUI

If you’re stopped by law enforcement while riding a bike, here are a few essential tips:

• Remain calm and respectful.
• Do not admit to drinking or using substances.
• You are not required to submit to field sobriety tests.
• If arrested, you may request a chemical test to determine your BAC.
• Contact a criminal defense attorney as soon as possible.

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 Today

Cycling 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.