Cycling under the influence is considerably similar to DUI (driving under the influence), or DWI (driving while intoxicated) cases. Each state has its own DUI/DWI laws; if “bicycle” fits under the definition of the term “vehicle,” then the state’s drunk driving laws may also apply to cycling. This has the effect that cycling under the influence of drugs or alcohol is considered to be unlawful.
Some states, such as California, have enacted specific laws which make it unlawful for any person to ride a bicycle on a highway while under the influence. Those who are arrested for violating a cycle code are required to take a test of either blood, breath or urine in order to determine their blood alcohol level. These tests will be further discussed later on.
What Is DUI? What Is DWI?
DUI stands for “Driving Under the Influence”, while DWI stands for “Driving While Intoxicated”. In some jurisdictions, the two terms are used interchangeably to describe the same type of crime. This crime would be driving a motor vehicle while drunk, or simply, drunk driving.
However, some states have determined that the term “DWI” refers only to driving while intoxicated by alcohol, while DUI refers to driving while under the influence of either alcohol or drugs. Because of this, a DUI charge may actually involve more serious charges, especially if the person is intoxicated because of illegal or dangerous drugs.
Alternatively, DWI and DUI only refer to the blood alcohol concentration (“BAC”) levels of the drunk driver. When this is the case, a DWI charge is sometimes a more serious offense because the driver’s blood alcohol concentration was higher. A DUI charge might be a less serious offense because it involves lower BAC levels.
Some states maintain different classifications for different types of DUIs. An example of this would be how being intoxicated by alcohol, illegal drugs, or over the counter medicine are all different, specific charges. Other names for DUI include OUI, or Operating Under the Influence, and OMVI, or Operating a Motor Vehicle Intoxicated.
What Substances Are Included Under DUI Laws? How Do Police For Intoxication During a DUI Stop?
Any substance which would impair your ability to safely operate a vehicle could be included in your state’s laws, including legal substances. While alcohol is the most common, other substances that can be included in a charge for DUI include but may not be limited to:
- Illicit or illegal contraband drugs, such as heroin, cocaine, PCP, etc.;
- Cannabis;
- Prescription medication such as painkillers, sleeping medications, muscle relaxers, etc.; and
- Over the counter medicines, including antihistamines such as benadryl.
Generally speaking, if you were prescribed any medications that came with a warning to the effect of “do not operate heavy machinery,” it is a medication that can potentially result in a DUI.
When law enforcement pulls a driver over for suspected DUI, they begin their field testing on the side of the road. Common police testing for sobriety after a traffic stop include:
- Field Sobriety Tests: The officer may ask you to step out of your vehicle and perform a series of actions that are designed to test your balance and agility. These allow the officer to make their own observations and draw conclusions regarding your possible impairment from a substance. These may include:
- One-leg stand;
- Walk and turn;
- Finger to nose; and
- Observing any odor of alcohol or other substances, such as cannabis.
- Chemical Breath Test: This is most commonly a breathalyzer that measures the concentration of alcohol in a person’s system. Each state has its own laws regarding what constitutes an unacceptable amount of various intoxicants; and
- Blood or Urine Test: A medical professional will be required to draw or collect the specimen, and a lab will test whether any substances are present as well as the level of concentration. Because these tests require a medical professional, they are generally conducted at the police station, and not during the traffic stop.
What Is The Penalty For Cycling Under The Influence?
As previously mentioned, laws associated with cycling under the influence may vary from state to state. As such, so will the legal penalties for violating their state’s cycling code. Some examples of the most common penalties associated with cycling under the influence include, but may not be limited to:
- A base fine that is substantially less than the fine attached to a DUI/DWI;
- Points on the violator’s driving record; and/or
- Possible restriction of driver’s license.
Penalties for cycling under the influence may be similar to penalties for DUI and DWI charges. Generally speaking, a first time DUI or DWI offense will result in:
- Misdemeanor charges;
- Criminal fines; and/or
- A possible jail sentence, generally less than one year, to be spent in a county jail facility and not a federal prison facility.
For first time offenders, these penalties may be reduced through alternative sentencing options, such as community service. For repeat offenses, penalties for both DUI and DWI become more serious and may include:
- Felony charges, especially if the incident caused serious bodily injury or death to another person;
- Higher criminal fines; and/or
- Longer jail sentences of greater than a year, sometimes to be served in a prison facility rather than a county jail facility.
Other examples of penalties include:
Although DUI’s are not generally charged as a felony, it is possible to receive a felony DUI charge. Each state has its own requirements in terms of what would constitute a felony DUI, but repeat offenders or those who injured and/or killed another person will usually face an automatic felony DUI.
What Else Should I Know About DUI Laws?
Because cycling under the influence is generally treated as a DUI, it is helpful to discuss other aspects of driving under the influence.
Once you have been arrested for a DUI, most states will suspend your license immediately pending your court date. As previously mentioned, if you are subsequently convicted of a DUI, you may have a longer suspension or even a revocation of your license. Some other examples of restrictions on your license include:
- Being restricted to driving for work or school purposes only;
- Not being able to consume any alcohol or substance while driving, even if it’s within the legal limit;
- Not being permitted to transport children or other passengers;
- Prohibition of driving a vehicle for pay, such as a taxi or Uber; and/or
- Revocation of a secondary license, such as a CDL or motorcycle license.
Many states maintain “per se” laws which dictate that if a person has a .08 blood alcohol concentration, they are presumed intoxicated even if there is no other evidence of impairment. Additionally, many states have zero tolerance for under age drivers with any alcohol in their system. What this means is that any amount of alcohol can cause a minor to be subjected to a DUI conviction. These states generally promote diversion programs for young adults who qualify, which can provide probation and treatment rather than a criminal conviction.
Do I Need An Attorney For Cycling Under The Influence?
If you are being charged with cycling under the influence, you should consult with a local criminal defense lawyer. Remember, cycling under the influence is often treated similar to a DUI conviction, which requires attorney representation.
An experienced and local criminal defense attorney can help you understand your rights and legal options under your state’s specific laws. Finally, an attorney will also be able to represent you in court, as needed.
