The Law Office of Mark Deniz has the privilege of working with some of the best young legal minds in San Diego. One of these persons is Alyssa Frazier. Alyssa is a law student at Thomas Jefferson School of Law. She is on the law review and one of the top of her class. She was invited to write on subjects that she comes across while working with the firm.
Today, she is writing about Biking Under the Influence.
Biking Under the Influence? San Diego BUI
It is commonly known that a person can get a San Diego DUI for driving while intoxicated, or with a blood alcohol level of .08% or higher. But did you know that riding a bicycle while under the influence of alcohol or drugs? Section 21200.5 of the California Vehicle Code states “it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or . . . drug(s).” The code also goes on to state that if a person is arrested under this section, they are subject to the implied consent under VC 23612, as with a San Diego DUI. This means an officer is able to take a breath, blood or urine sample under the “implied consent” given when obtaining a California driver’s license. If the person does not consent to the test, the officers will likely obtain a warrant to do so, and then the person who refused to consent will get an automatic suspension of your license.
What does this mean for me?
This means that if you are deciding to drink, even operating a bicycle is a violation of the law. Even though you are not operating a motor vehicle, it is still bicycling under the influence, which can get you in trouble. It is still best that if you decide to drink, have a sober person drive you somewhere, or safely walk. If you have been arrested for a San Diego BUI, hire a proactive criminal attorney to help you fight your charges.