Can You Get a DUI on a Bicycle in California? Here’s What the Law Says

Los Angeles is a bike-friendly city, with dedicated lanes and thousands of residents choosing bicycles for daily transportation. But many people still wonder: can you get a DUI on a bike in California? Unfortunately, the answer is yes. Under California Vehicle Code § 21200.5 VC, it is illegal to ride a bicycle while under the influence of alcohol or drugs. In other words, riding drunk on a bike is treated as a misdemeanor offense — often referred to as a “bicycle DUI” or “cycling under the influence.”

While the penalties are lighter than a motor vehicle DUI, a conviction can still lead to fines of up to $250, a criminal record, and even jail time in some cases. For those under 21 or already on DUI probation, the consequences can be even more severe, including possible license suspension. If you have been arrested for a bicycle DUI in Los Angeles, it’s critical to take the charge seriously. An experienced Los Angeles DUI lawyer can review your case, challenge the evidence, and fight to reduce or dismiss the charges so you can protect your record and future.

VC 21200.5 – Cycling Under the Influence in California

Under California Vehicle Code 21200.5 VC, it is illegal to operate a bicycle on a public road, bike path, or highway while under the influence of alcohol or drugs. This offense is often referred to as “cycling under the influence” or a bicycle DUI.

While California law treats bicycles like motor vehicles in many respects, a DUI on a bicycle carries different penalties than a traditional DUI under VC 23152:

• Lower penalties – A bicycle DUI conviction carries a maximum fine of $250, significantly less than a car DUI.

• No driver’s license suspension – Unlike motor vehicle DUIs, a bicycle DUI does not automatically trigger a DMV suspension (unless you are under 21 or already on DUI probation).

• No set BAC limit – A car DUI has a legal blood alcohol concentration (BAC) limit of 0.08%. For bicycles, there is no fixed BAC threshold. Instead, an officer determines impairment based on your behavior and physical signs, such as balance, speech, or coordination.

Even though penalties are lighter, a conviction for riding a bicycle under the influence is still a misdemeanor and can appear on your criminal record.

Bicycle DUI Penalties in California (VC 21200.5)

A bicycle DUI under VC 21200.5 is a misdemeanor offense in California. While the consequences are less severe than a car-related DUI, the penalties can still impact your record and future. If convicted, you may face:

• A fine of up to $250

• Up to 90 days in county jail (rare for first-time offenders)

• A misdemeanor conviction on your criminal record

In some cases, the court may also order alcohol education classes or community service instead of jail time.

Even though the financial and custodial penalties for a DUI on a bicycle are lighter than those for a motor vehicle DUI, having a criminal record for cycling under the influence can still cause problems in employment, licensing, and future legal matters.

Can You Ride a Bike Drunk in California?

Many people assume that biking home after drinking is a safe and legal alternative to driving a car. Unfortunately, this is a misconception. Under California Vehicle Code 21200.5, it is illegal to ride a bicycle while under the influence of alcohol or drugs.

This means you can be arrested and charged with a “bicycle DUI” (sometimes called cycling under the influence). The penalties may be lighter than a standard DUI — usually a fine of up to $250 and a misdemeanor on your record — but the conviction can still create long-term consequences.

In addition, if your behavior is dangerous or disorderly, police may also cite you for public intoxication (Penal Code § 647(f)) while riding a bike. This can lead to additional penalties beyond the bicycle DUI charge.

The bottom line: riding a bike drunk in California is not a legal loophole. It can still result in criminal charges, fines, and a permanent record.

Can a Bicycle DUI Affect Your Driver’s License in California?

In most cases, a conviction for bicycle DUI under VC 21200.5 does not trigger an automatic driver’s license suspension like a standard motor vehicle DUI. However, there are important exceptions:

• Under 21 years old – If you are under 21, the court may impose a one-year driver’s license suspension as part of your sentence.

• Already on DUI probation – If you are serving probation for a prior DUI involving a motor vehicle, a new bicycle DUI can lead to additional DMV penalties, including license revocation or extended probation terms.

While a bicycle DUI may not affect your license in most cases, it can still leave you with a misdemeanor criminal record, fines, and other legal consequences that show up on background checks.

Defenses Against a Bicycle DUI Charge

Several defenses may be available if you are charged with a bicycle DUI under VC 21200.5. One of the most common is to challenge the allegation of intoxication. Since many bicycle DUI arrests do not involve a breathalyzer or blood test, prosecutors often rely only on the officer’s observations. If those observations were inaccurate, exaggerated, or contradicted by other evidence, the charge may not hold.

Another potential defense involves questioning the legality of the stop itself. If the police lacked reasonable suspicion to stop you while riding, any evidence they gathered — including claims of impairment — could be excluded from the case. Without this evidence, the prosecution may have difficulty proving guilt.

A defendant might also argue that they were not on a public roadway, bike path, or highway at the time of the incident. VC 21200.5 applies only to public areas, so riding under the influence on private property does not fall under the statute.

Finally, the prosecution must prove actual impairment, not just that alcohol was consumed. Unlike a motor vehicle DUI, there is no set blood alcohol concentration (BAC) threshold for bicycles. If the evidence fails to show that your ability to safely operate the bicycle was impaired, the case may be dismissed.

Frequently Asked Questions About Bicycle DUIs

Can you get a DUI for riding an electric bike (e-bike) in California?

Yes, you can. Under California Vehicle Code (VC) 21200.5, standard bicycles are subject to bicycle DUI laws. However, electric bikes (e-bikes) may fall under VC 23152, the DUI law for motor vehicles, depending on their classification:

• Class 1 & 2 e-bikes (pedal-assist up to 20 mph, throttle-driven up to 20 mph) are generally treated like regular bicycles.
• Class 3 e-bikes (pedal-assist up to 28 mph) and faster or modified e-bikes may be considered motorized vehicles, meaning standard DUI laws (VC 23152) could apply.

Can you refuse a breathalyzer for a bicycle DUI?

Yes, you can refuse, but it may still lead to an arrest. California’s implied consent law (VC 23612) applies only to motor vehicle drivers, not bicyclists. However, if an officer believes you are intoxicated while riding a bicycle, they can still arrest you based on observed impairment (e.g., slurred speech, unsteady balance). You may be asked to take a voluntary breath or blood test, but there is no legal penalty for refusing.

At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients against DUI charges. Attorney Hashemi knows how to identify weak evidence, challenge unlawful stops, and expose flaws in the prosecution’s case. Every DUI charge is unique, and a strong defense can make the difference between a conviction and a favorable outcome. Whether you were subjected to improper police procedures or there is insufficient proof of intoxication, we will fight to protect your rights.

Depending on the circumstances of your case, we may be able to negotiate a reduction in charges, seek a dismissal, or take your case to court to pursue the best possible result. The sooner you take action, the more options you may have for a strong defense.

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Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.