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The Penalty for Cycling Under the InfluenceThere are several modes of transportation others than cars and trucks that are illegal to operate while under the influence of alcohol or drugs. You could be charged for being under the influence while operating a boat, riding a motorcycle, or even riding a horse. Then there is the criminal offense of cycling under the influence. Unlike many other states, California has a separate law that addresses CUI offenses. The consequences are not as severe as being convicted for driving under the influence, but it is still not a conviction that you want on your criminal record.

Charge and Penalties

The rules of a bicycle traffic stop are similar to stops involving motor vehicles:

  • Police are allowed to stop anyone who they reasonably suspect may be under the influence;
  • The officer will look for signs that the cyclist is intoxicated, such as bloodshot eyes, slurred speech, and lack of balance;
  • The officer will ask questions to better understand the cyclist’s condition;
  • The officer may arrest the cyclist if they have probable cause to believe the cyclist is legally intoxicated; and
  • The blood alcohol concentration limit for a cyclist is 0.08.

Cycling under the influence is a misdemeanor offense, punishable by a $250 fine. There would be no jail time, but the conviction would remain on your criminal record. People younger than 21 who are convicted of CUI may lose their driving privileges for a year or be prohibited from applying for a driver’s license for a year.

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