Penalties for Violating VC 21200.5

Standard Penalties for a BUI Conviction

• A fine of up to $250 – Unlike a DUI, a BUI does not carry additional court fees, license suspension, or mandatory DUI school.
• Misdemeanor Conviction (in some cases) – While most BUI offenses are treated as infractions, certain cases may be charged as misdemeanors, particularly if the cyclist caused an accident or injury.
• Possible Alcohol or Drug Education Program – A judge may require the defendant to complete an educational program, especially for repeat offenses or high impairment levels.

BUI and Underage Cyclists (Under 21 Years Old)

• One-Year Driver’s License Suspension – If the defendant is under 21 years old, the court may impose a one-year suspension of their motor vehicle driver’s license, similar to California’s “Zero Tolerance” laws for underage DUIs.
• Mandatory Alcohol Education Program – The court may require underage defendants to complete a substance abuse program before reinstating driving privileges.

Does a BUI Affect Your Driver’s License?

For most adults, a conviction for biking under the influence (BUI) does not result in a driver’s license suspension because VC 21200.5 applies only to bicycles, not motor vehicles. Unlike a traditional DUI, the California Department of Motor Vehicles (DMV) does not impose license-related penalties for a BUI conviction.

However, there is an exception for cyclists under 21. Under California’s Zero Tolerance laws, a person under 21 convicted of biking under the influence may face a one-year driver’s license suspension as part of their sentence. This mirrors the penalties imposed on underage drivers convicted of DUI and is meant to discourage alcohol consumption among minors.

For individuals who do not yet have a driver’s license, a BUI conviction may result in a one-year delay in obtaining a license once they become eligible to drive.

How Do Police Determine If a Cyclist Is Under the Influence?

Unlike motor vehicle DUI cases, where police use breathalyzers and blood tests to measure a driver’s blood alcohol concentration (BAC), biking under the influence (BUI) cases rely more on subjective observations by law enforcement.

When stopping a cyclist for suspected BUI, an officer will typically assess impairment using:

• Erratic Cycling Behavior – Swerving, riding into traffic, failing to obey traffic signals, or difficulty maintaining balance can raise suspicion.
• Physical Signs of Intoxication – Slurred speech, bloodshot eyes, the smell of alcohol, or difficulty standing may be noted in the police report.
• Field Sobriety Tests (FSTs) – Officers may ask a cyclist to perform standardized field sobriety tests, such as the walk-and-turn or one-leg stand, to gauge coordination and cognitive function.
• Questioning and Statements – If a cyclist admits to drinking or using drugs, this may be used as evidence in court.

Legal Defenses to a Cycling Under the Influence Charge

Being accused of biking under the influence does not mean you have no defense. The burden is on the prosecution to prove that you were impaired while riding on a public roadway, and their case often relies on subjective observations, flawed testing, or weak evidence. Many factors can lead to an unjust charge, and a strong legal defense can expose errors in the case, unlawful police actions, or lack of proof. Depending on the facts, our DUI attorney may use one or more of the following defenses:

You Were Not Under the Influence

Since California law does not establish a specific blood alcohol concentration (BAC) limit for biking under the influence, law enforcement must rely solely on their observations to determine whether a cyclist is impaired. If no breathalyzer or blood test was administered, the prosecution’s case rests entirely on the officer’s judgment. Your attorney can challenge weak or misleading evidence, such as claims of slurred speech, unsteady balance, or erratic behavior, to prove that you were not intoxicated.

The Police Had No Justification for Stopping You

Law enforcement must have reasonable suspicion that you violated the law before stopping you. If the officer had no valid reason to pull you over—such as reckless cycling, a traffic violation, or erratic behavior—the stop may have been illegal. If the stop itself was unlawful, any evidence gathered afterward could be ruled inadmissible, leading to a possible dismissal of your case.

The Field Sobriety Test Was Improperly Administered

Field sobriety tests are not designed for cyclists, and factors like uneven pavement, poor lighting, or fatigue can create false indicators of impairment. If the officer misinterpreted your performance, failed to follow proper testing procedures, or used unreliable methods, your attorney can challenge the results and weaken the prosecution’s case.

You Were Not Riding on a Public Roadway

Biking under the influence laws only apply if you were riding on a public road, highway, or designated bike path. If law enforcement stopped you while you were on private property, such as a driveway, parking lot, or private trail, the charge may not be valid. Your attorney can argue that the law does not apply to your situation and seek to have the case dismissed.

How a Los Angeles DUI Attorney Can Fight Your Cycling Under the Influence Charge

A biking under the influence (BUI) charge should not be taken lightly. Even though it does not carry the same severe penalties as a DUI in a motor vehicle, it is still a criminal offense that can impact your record and future opportunities. Fighting the charge effectively requires a strategic legal defense led by an experienced attorney who understands California’s DUI laws and how to challenge weak or unsupported allegations.

A skilled Los Angeles DUI defense lawyer can take several steps to build a strong defense, including:

• Investigating the circumstances of your stop and arrest to determine whether law enforcement acted lawfully.
• Examining the officer’s observations and field sobriety tests for inconsistencies or errors.
• Challenging the prosecution’s evidence if it lacks sufficient proof of impairment.
• Identifying violations of your legal rights, such as an unlawful stop or improper questioning.
• Negotiating with prosecutors to have charges reduced or dismissed before trial.
• Defending you in court if necessary, ensuring that your case is presented effectively before a judge.

A charge under California law on biking under the influence (BUI) under Vehicle Code 21200.5 VC does not automatically mean a conviction. With the right legal strategy, you may be able to fight the charges and avoid unnecessary penalties.

Understand Your Legal Options After a BUI Charge

Dealing with a biking under the influence (BUI) charge can be overwhelming, especially if you are unfamiliar with California’s laws. Even though a BUI does not carry the same penalties as a traditional DUI, it is still a criminal offense that requires careful legal attention. How you respond to the charge can make a significant difference in the outcome of your case.

At The Law Offices of Arash Hashemi, we are committed to providing the guidance and legal defense you need. Attorney Hashemi has successfully represented individuals facing DUI charges, ensuring they receive a strong defense. If there were errors in the arrest, a lack of evidence, or violations of your rights, we will work to challenge the prosecution’s case and seek the most favorable resolution possible.

If you are unsure about your next steps after being cited or arrested for biking under the influence, now is the time to seek legal advice. Contact us today to discuss your case and explore your best defense options.

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