Cycling Under the Influence
Written by
Attorney Darren T. Kavinoky
Cycling under the influence cases are very
similar, in many states and in many respects, to
traditional DUI (driving under the influence) cases.
The critical inquiry in a cycling under the influence
case is "how is the term 'vehicle' defined?"
By way of background, driving under the influence
cases, whether referred to as a DUI, DWI, DWAI, OUI,
OUIL, or any
other acronym, all have certain things
in common. They each require the proof, beyond a
reasonable doubt, of certain elements. These elements
typically include (i) driving (ii) a vehicle (iii)
while under the influence (however that phrase is
defined in the state in question) or (iv) while
having a
blood alcohol level of .08% or higher.
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Therefore, cycling
under the influence cases will usually turn on the
question of whether a bicycle fits the
definition of
the term "vehicle" in the state where the arrest took
place.
For cases involving cycling
under the influence in
California, for example, there are special laws that
govern bicyclists. The California Vehicle Code
created an exception for devices moved exclusively by
human power, meaning that a bicycle is not a "vehicle" for purposes of the California DUI laws.
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However, the California Vehicle Code does provide
that it is unlawful for any person to ride a bicycle
upon a highway while under the influence of alcohol
(or drugs), and that all persons arrested for
violating this section are required to give a test of
their
blood or breath (or urine, if drugs are
suspected), just as in a driving under the
influence case. There is no "per se" violation
relating to a particular
blood alcohol level (such as the .08 laws),
as there are in traditional DUI cases.
A conviction of violating the California cycling
under the influence statute subjects the violator to
a base fine of $250.00. This is substantially less
than the fines imposed for DUI cases involving
"vehicles".
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Since
every state has different drunk driving laws
relating to driving under the influence
arrests, it is
Take note - if you've been arrested for DUI,
DWI, or a drunk driving related charge, there are
time limits to take action.
