Hi Mr. Glew:
I was riding my bicycle in an alley on the Balboa Peninsula this Tuesday when a cop ticketed me for biking under the influence. What does this mean and what will happen to me and my driver's license?
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Where to begin?
Vehicle Code section 21200.5, Cycling Under the Influence (CUI), is the
governing statute, and states in part that, “it is unlawful for any
person to ride a bicycle upon a highway while under the influence of an
alcoholic beverage or any drug, or under the combined influence of an
alcoholic beverage and any drug.”
Unlike a DUI, where a driver is
legally impaired when his or her blood alcohol concentration is 0.08% or
higher, there is no per se limit for cycling under the influence. Vehicle Code section 21200.5 is a non-jailable misdemeanor, punishable
by a fine of not more than $250. If you are over 21, you will not be
subject to a license suspension or any points on your driving record.
However, if you are under 21, you will lose your license for one year,
upon conviction. Given that you were cited in an alley, you may
not have technically been riding upon a “highway,” as driveways and
sidewalks are not considered highways. A more thorough analysis is
probably in order, and I would suggest you consult with an experienced
DUI/CUI attorney.
Send all questions to gl********@ya***.com. And remember, Better Call Glew!
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Award-winning investigative journalist Nick Schou is Editor of OC Weekly. He is the author of Kill the Messenger: How the CIA’s Crack Cocaine Controversy Destroyed Journalist Gary Webb (Nation Books 2006), which provided the basis for the 2014 Focus Features release starring Jeremy Renner and the L.A. Times-bestseller Orange Sunshine: The Brotherhood of Eternal Love’s Quest to bring Peace, Love and Acid to the World, (Thomas Dunne 2009). He is also the author of The Weed Runners (2013) and Spooked: How the CIA Manipulates the Media and Hoodwinks Hollywood (2016).