It might sound funny if it hasn’t happened to you, but if you are arrested for a CUI, it’s no joke. Cycling under the influence (CUI) is an actual crime that you can be arrested for in Southern California. The maximum $250 fine is a lot less than the penalties for drunk driving (which is up to 6 months in jail and $1,000 in fines, plus penalty assessments). But a CUI charge is not something you want on your criminal record. It won’t affect your driving record or your insurance, but it will appear on a criminal background check.
What does California law say about bikes?
California law can be confusing, because different sections were written at different times. In one place, the law clearly states that an ordinary bicycle without a motor is not considered a vehicle. But in another section, the law declares that a cyclist riding on a public street has all the rights and responsibilities as the driver of a vehicle—so the same laws apply.
Texting and riding
One exception is that it still isn’t a crime (as of February, 2016) to text and bike at the same time. Although a law passed in 2010, it was vetoed by Governor Brown and never went into effect. So unless it is prohibited by a local ordinance, texting while biking isn’t illegal in California. However, you can still be held responsible if you are texting or on your phone and cause an accident.
What it boils down to is that bikes are legally required to obey traffic signs, signals, and lane markings, just like cars, trucks, and motorcycles. And if you’re intoxicated, don’t hop on your bike—get a ride home! The fact is, when you are on a public road, by law you are required to act responsibly for the sake of others’ safety, as well as your own.
Dangerous streets
Many bicycle fatalities are a result of CUIs, not just DUIs. Pedestrians can also be innocent victims in CUI collisions. In recent years, cyclists who hit pedestrians while cycling drunk have been charged with reckless driving and vehicular manslaughter, just like drunk drivers. When bike accidents cause serious harm, courts want to be able to hold bicyclists accountable.
Bicyclists may have a bad reputation for disregarding traffic laws, but in some situations, bicyclists put themselves in danger. A recent California Highway Patrol study found that when bikes and cars collided at stop signs or red lights, bicyclists were at fault 60% of the time. However, when cars and bikes collide, it’s the cyclist who is inevitably in greater danger.
Hit and runs
The sobering fact is that the number of hit and run collisions between cars and bicyclists has risen significantly in the past decade. In Los Angeles, 80% of those hit and runs were never solved.
Whether you are riding your bike or driving in your car, if you accidently hit someone, you are required to stop and provide your identifying information—and call for medical assistance, if necessary. To read more about California hit and run laws and penalties, click here.
Do you need help with your case?
If you’ve been charged with a CUI, DUI, or other bike or vehicle crime in Southern California, you need the help of an experienced DUI defense attorney. Top DUI defense attorney Dan E. Chambers will listen to you and help you make your best case. Don’t wait any longer! Call 714-760-4088 or email dchambers@clfca.com today to make an appointment.
