On today’s episode, Richard Duquette discusses Bicycling Drunk in California. Bicyclists sometimes violate the law for drunk driving. Tune in to know about its legal consequences, and understand how you can proceed with a case!
Richard sometimes sees bicyclists who come in groups. They travel from one bar to another, and leave drunk. However, it’s important to know that riding a bike while impaired has legal consequences.
It is classified as a misdemeanor. (For bicycling drunk in California, see California Vehicle Code Section 21200.5.) Not only does bicycling under influence give bicyclists the risk of losing their lives or fracturing their limbs, it also comes with legal consequences.
Unfortunately, experts and other proficient individuals can interpret the violation broadly. Some say that you are considered under influence when your blood alcohol content is 0.5, while some would argue for 0.8.
Either way, officers are expected to conduct a test to prove it. (See Missouri vs McNeely for example and insights.) For that, they need the bicyclist’s consent and a warrant.
When proven guilty, a bicyclist will pay $250 for a fine. He will not, however, go to prison. (See California Vehicle Code Section 40000.13.)
Since it is a misdemeanor, his license can also be suspended. (See Vehicle Code Section 13202.5.). Still, the risks are lower compared to that of a car.
Other CA Legal Code Discussed in Bicycling Drunk in California:
California Penal Code 1385
To hear about Bicycling Drunk in California, download and listen to the entire episode. Don’t forget to leave us a rating and review if you enjoyed the show. We would love to hear from you!
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