Sacramento made the pages of USA Today earlier this month after a crackdown by the California Highway Patrol on CUI, cycling under the influence. The story came as result of a CHP sweep of south Sacramento on October 23 that saw seven of 57 DUI arrests made against cyclists.
There is actually a specific section of the California vehicle code that deals with cycling under the influence. Section 21200.5 reads as follows:
- Notwithstanding Section 21200, it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person's blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person's blood pursuant to Section 23612, and, if so requested, the arresting officer shall have the test performed. A conviction of a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250).
In terms of penalties, though a CUI is listed by DMV on a person's driving record for three years, there are no restrictions on driving or points accrued for auto insurance. The maximum $250 fine is significantly less than what a person would pay for a DUI.
Though CUI can have its humorous qualities, it is still a serious matter that can benefit from legal representation. A conviction, even for a CUI, still ends up on a person's criminal record and can have consequences in the future.
"Calif. Cops Crack Down on Drunken Biking," USA Today, November 1, 2009
