While nearly every state has some form of law making it a crime to ride a bicycle while intoxicated, these laws have been challenged due to the fact that a bicycle is not considered a “vehicle” in the strictest sense in most states therefore should not be covered by standard DUI laws. Some states have responded to these challenges by passing separate laws which specifically cover riding a bicycle while intoxicated. It’s true that the punishment for cycling while intoxicated is substantially less than those of DUI in a motor vehicle, still if you’ve been arrested for CUI, it’s important to hire an experienced criminal defense lawyer who can fight aggressively on your behalf.
Why CUI Laws?
The National Highway Transportation Safety Administration reports that over one-fourth of all cyclists killed in 2009 had a measurable BAC, and nearly 25% of those had a BAC of .08% or higher. Because the likelihood that a cyclist will be involved in a crash increases substantially at .05% BAC, states have determined that CUI laws are, in fact, necessary. While some believe the cyclist is only risking harm to himself, so why implement CUI laws, there are instances where a cyclist who was riding while intoxicated could be the cause of a more serious accident. The cyclist could hit a pedestrian, or could cause one car to veer into another with potentially serious consequences, although certainly the cyclist who runs into a car will definitely come out on the short end where injuries are concerned.
An Example – California’s CUI Law
California, in particular, has a specific CUI law which makes it unlawful for a person to ride a bicycle on a highway while they are drunk or intoxicated. This law provides that any person arrested for such an offense can be asked to take a standard breathalyzer test or a blood or urine test for determination of the specific BAC content, however unlike the .08 limit for automobile drivers, there is no such magic number regarding CUI. The suspect may also be asked to complete standard field sobriety tests, although it is widely accepted that field sobriety tests are actually designed to be failed by the impaired and sober alike. Conviction in California on CUI charges garners a fine of $250, so while it may not seem worthwhile to hire an attorney, keep in mind that such a conviction will go on your permanent record.
Definition of a Highway
One way an attorney can attack the validity of a CUI charge is to challenge whether the cyclist was, in fact, operating their bicycle on a legally defined highway. The standard definition of a highway includes all public streets, but excludes both private roads and driveways, so depending on the circumstances, there may be grounds for dismissal regarding this point.
Definition of a Vehicle
While many states do currently prosecute for bicyclists who operate the bicycle while drunk, more of them are starting to operate under the belief that human-powered machines are simply not considered “vehicles” under the letter of the law. A bicyclist who was convicted in Washington State of CUI appealed, and the Court of Appeals overturned the conviction ruling DUI laws were only intended to refer to drivers of motorized vehicles.
If you were involved in an accident due to a drunken bicyclist, call our Mississippi car accident law firm for a free initial consultation.