Can you get a DUI on a bike in California? Yes, you can get a DUI on a bike in California. In California, riding a bicycle while under the influence of drugs or alcohol is illegal and classified as Cycling Under the Influence (CUI). The relevant statute, California Vehicle Code 21200.5, makes it clear that bicyclists must follow similar sobriety standards as motor vehicle drivers when using public roadways. Although a bicycle lacks an engine, the law holds that impaired riding still presents a danger to both the rider and others. Convictions can result in fines and other consequences. At Scott Henry: Criminal & DUI Defense, we’ve successfully defended individuals in Orange County, CA, facing these charges and are prepared to help you too.
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call us at 714-294-0599 Can You Get A Dui On A Bicycle In California
Yes, it is illegal to ride a bicycle while under the influence of alcohol or drugs in California. California Vehicle Code 21200.5 explicitly states this. Officers can cite and penalize anyone operating a bicycle while intoxicated on a public road. The law treats the offense differently than a traditional DUI in a motor vehicle, but the implications are still significant.
The statute ensures that bicyclists adhere to the same basic responsibility as drivers—ensuring their own safety and that of others. While a conviction doesn’t typically lead to jail time, it can result in fines, a misdemeanor on your record, and issues with your driving privileges if you’re under 21.
According to the UC Davis Safe Party, a person riding a bicycle under the influence can face similar enforcement protocols to those in motor vehicles, such as field sobriety tests and chemical testing.
Examples
Let’s see how this might play out in real life. Imagine someone leaving a bar in downtown Santa Ana and riding their bicycle home. Officers stop the individual for swerving and showing visible signs of intoxication. When an officer tests their blood alcohol content (BAC) and finds it above the legal limit of 0.08%, the officer may cite them under VC 21200.5.
In another case, officers stop a college student in Fullerton late at night after the student wobbles through traffic on their bike. The officer suspects alcohol, and the student fails a field sobriety test. Again, this results in a citation, and the penalties escalate if the rider is underage or involved in a traffic incident.
These examples highlight that bicycle DUI charges in Orange County are not theoretical—they happen, and law enforcement takes them seriously.
Related Offenses
Besides Cycling Under the Influence, there are several related legal violations:
- Public Intoxication (PC 647(f)): This charge may apply when a person is found heavily intoxicated in a public area and cannot care for their own safety or that of others. Law enforcement may also intervene if the individual’s behavior creates a disturbance or obstructs public pathways.
- Reckless Riding: A bicyclist may be charged with reckless riding if their behavior while operating the bike places pedestrians or drivers at risk. This includes ignoring traffic signals, riding erratically, or weaving through traffic in a manner that could lead to an accident or injury.
- Minor in Possession (BP 25662): Individuals under 21 who possess or have consumed alcohol while riding a bicycle can be cited. This includes situations where alcohol is in their bloodstream, they are carrying open containers, or they appear intoxicated in public settings while on a bicycle.
- Driving Under the Influence (VC 23152): This code applies if an individual switches from a bicycle to a motor vehicle while impaired. It elevates the charge from CUI to a full DUI, which carries harsher consequences, including license suspension, higher fines, mandatory education programs, and possible incarceration, depending on the case specifics.
Depending on the circumstances, each of these can accompany or compound a CUI charge, especially if someone has prior offenses.
Penalties
The penalties for riding a bike under the influence are less severe than those for driving a car drunk, but they still carry consequences. According to the California DMV, individuals convicted of CUI may face:
- A fine of up to $250
- Mandatory participation in an alcohol education program (especially for minors)
- If under 21, a one-year suspension of driving privileges, even if the offender wasn’t driving a motor vehicle
- A misdemeanor citation that may appear on your criminal record
Judges usually avoid jailing first-time offenders, but a criminal record and DMV penalties can impose lasting consequences—especially for young adults, students, or professionals with licensing requirements.
Is It the Same With an Electric Bike or Scooter?
Yes, the same laws generally apply when operating electric bikes and scooters while impaired.
So, can you get a DUI on an electric bike? Absolutely. California law considers electric bikes and scooters as vehicles for DUI enforcement. This means that the same Vehicle Code 21200.5 can apply. In many situations, prosecutors may also consider VC 23152 if the electric bike meets the power and speed threshold similar to a moped.
For example, if you ride a Bird or Lime scooter under the influence in Huntington Beach, an officer may stop you and issue a citation just as they would with a car. Law enforcement agencies across Orange County, including the OC Sheriff’s Department and local city police, enforce these laws consistently after receiving comprehensive training.
Depending on the device, more serious charges can be filed. Higher-powered electric bikes or scooters that exceed 28 mph may push the case into full DUI territory rather than CUI.
Arrested for Biking Under the Influence in Orange County?
Facing a charge for Cycling Under the Influence or any DUI-related offense can be confusing and stressful. At Scott Henry: Criminal & DUI Defense, we’ve helped countless Orange County residents resolve these cases with discretion, knowledge, and a deep understanding of how local courts operate. Whether it’s a first-time offense or a situation involving additional violations, our team is ready to defend your rights and work toward the best possible outcome. Contact us today to schedule a confidential consultation and protect your future.
Scott Henry
Mr. Henry has worked in the criminal defense sector for over 11 years. He began his legal career working for a variety of criminal defense attorneys where he served as a law clerk preparing several firm’s attorneys for a vast variety of cases, ranging from multiple Homicide gang cases to driving under the influence allegations. While working for these firms, Mr. Henry truly found his passion in helping defend individuals that were facing criminal charges.
