In CA can you actually get a DUI while on a bike?

T

THUB

New member
Everyone knows someone who knows someone who has gotten a DUI while on a bike. But is it actually a DUI? Do you suffer the same fate? Is it a CVC violation or PC violation? Seems to me they are two completely different things and it would be more accurate to say, "I was charged with Drunk in Public while riding a bike..." than to say, "I got a DUI while on a bike."

I would mostly appreciate input from a defense attorney or LEO... but all comments are more than welcome.

Would your answer change if this person was on a skateboard?
Lots of interesting answers! I think I need to dust off the CVC and start searching for clarification, because we all still seem to differ quite a bit...
 
J

Jake1

Active member
I've heard from the police that you must be legally sober to operate any wheeled vehicle, of course this may vary state to state.
 
S

Savannah

Member
It's not the same but it is illegal. It brings a $250 fine. And the skateboard could be defined as a vehicle as well so you could get a ticket for it. If you want a real legal answer from a defense attorney call one and pay for their time.
 
M

mikeynavy1

New member
I'm in agreement. You can get a DUI on a bike. Also realize that while 0.08 BAC is the legal limit and anything over is a DUI, you can still get one (bike or motorized vehicle) even below 0.08 if you behave in such a way as to be suspected of impairment.
 
C

CaliGuy84

New member
Yes you can be charged with a DUI. Let's say you're on a motorcycle. You can argue and say "Well I wasn't driving. I was riding." Technically you RIDE a motorcycle, you don't DRIVE a motorcycle. But can you get a DUI on a motorcycle? ABSOLUTELY!
The same thing applies to a bicycle. There is no difference between a motorcycle and a bicycle. You're still operating a vehicle.

The reason why they can charge you is not the fact that you can possibly injure someone on a bicycle, even though a bicycle doesn't go as fast as a car or truck for example, but you can injure yourself.
That's why you can get arrested for public intoxication. You are a danger also to yourself. Since you're not in control of yourself there's a possibility you'll walk right out into traffic, risking your life and the life of the people in the vehicle.
The law is not only written to protect others but to protect yourself.
The law also helps prevent people from suing the city and saying "There weren't measures to prevent me from getting drunk." So you can also say the law is written to protect the city from getting in trouble because somebody was too stupid to use their brain.
 
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