YES, CYCLING UNDER THE INFLUENCE IS A CRIME

Posted on: May 20, 2015 by in DUI
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California Vehicle Code 21200.5 and California Penal Code 647(f)

Orange County DUI defense lawyerIt’s almost summer again in southern California, but if recreation and celebration are part of your schedule this summer, plan ahead so that your fun doesn’t include a DUI charge – or something worse. In California, when you arrange for alternative transportation to avoid a DUI charge, a bicycle is not a good option, because you can be prosecuted in this state for “CUI” or cycling under the influence under California Vehicle Code 21200.5. If you’re charged with CUI in Orange County, put your case immediately in the hands of an experienced Orange County DUI defense lawyer.

No jail time will be required if you are convicted of CUI, but you may be fined up to $250. CUI is a misdemeanor in California, so a conviction establishes a criminal record. California does not allow anyone under 21 to drink alcohol in any circumstance, so if you’re under 21 and you’re convicted of CUI, you can also lose your driving privilege for a year. If the police officer on the scene reasonably believes that you are a risk to the safety of yourself and the general public, or if you interfere with or obstruct the movements of others, you may be charged with “drunk in public” under California Penal Code 647(f). Drunk in public is a misdemeanor punishable upon conviction by up to six months in jail and/or a fine of up to $1,000.

If you injure someone while you are intoxicated on a bicycle, you could also end up on the wrong end of a personal injury lawsuit in civil court, and if you’re found guilty of CUI or drunk in public, it’s probable that you’ll lose the lawsuit too. If you anticipate doing any drinking this summer, keep the bicycle at home. You’ll have to find another way to get around. If you are charged with DUI, CUI, or drunk in public anywhere in southern California, contact an experienced Orange County DUI defense lawyer for the legal help you need as quickly as possible.

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