In California, it is illegal to ride a bicycle on public streets while under the influence of drugs or alcohol. Whether you were allegedly riding on the streets or on the sidewalk, if a law enforcement official pulled you over and tested you, you could be arrested and charged with a CUI (cycling under the influence) offense. Unless you are riding on a private road of some sort, police officers could find you and therefore arrest you.
Your blood alcohol content (BAC) would have to be at .08% or greater to be considered presumptively intoxicated for CUIs. If you are currently in legal trouble as a result of a CUI arrest, our West Covina criminal defense attorneys and team at Coimbra Law Firm can help.
To prove that you are guilty of this crime, the prosecution must show that you rode a bicycle on a highway and when you did so, you were under the influence of an alcohol beverage, any drug, or under the combined influence of an alcoholic beverage and any drug.
Depending on the circumstances, we may be able to challengethe officer’s procedures for administering blood/breath tests. Officers must follow certain procedures when conducting these types of tests in these circumstances. We may also be able to challenge the field sobriety test. If you were not in fact under the influence at the time of the arrest, and we can prove your behavior was due to something else such as illness, it might be a defense to a CUI charge.