Most people know the term DUI, or driving under the influence refers to operating a vehicle while intoxicated or under the influence of drugs or alcohol. However, the consequences of biking or cycling under the influence (BUI) are not as commonly known.
Biking or cycling may seem harmless, but biking under the influence can have severe penalties, just like getting a DUI on a car or motorbike. Many states, including California, have specific laws against biking under the influence. California’s vehicle code 21200.5 specifies that it is unlawful to ride a bicycle while under the influence of drugs or alcohol.
This article will discuss the key differences and similarities between DUI and BUI. It is essential to understand these distinctions to ensure you are not at risk of getting a fine or even being arrested.
While biking may seem like a more recreational, harmless activity, it is still considered a vehicle in the eyes of the law, and therefore, DUI laws may also apply to cycling under the influence. So, let’s dive into the specifics and uncover the truth about BUI and DUI.
What are BUI and DUI?
Biking Under the Influence (BUI) and Driving Under the Influence (DUI) involve operating vehicles while impaired by alcohol or drugs. While BUI pertains specifically to biking under the influence, DUI applies to driving motor vehicles while intoxicated. Both offenses carry serious consequences and are considered misdemeanors in California.
Biking Under the Influence (BUI)
Biking Under the Influence (BUI) refers to riding a bicycle on public roads, highways, or bikeways while under the influence of alcohol or drugs. Despite the absence of a motor vehicle, California law recognizes that impaired bicyclists can still pose risks to themselves and others. It is unlawful for anyone to propel a bicycle upon a highway while under the influence of alcohol, drugs, or a combination of both.
In California, the legal blood alcohol concentration (BAC) limit for a BUI offense is the same as for DUI offenses, which is 0.08%. This means that if a bicyclist’s BAC is 0.08% or higher, they can be charged with BUI. It is important to note that even if a bicyclist’s BAC is below 0.08%, they can still be cited for other infractions, such as public intoxication if their behavior poses a risk to themselves or others.
Driving Under the Influence (DUI)
Driving Under the Influence (DUI) involves operating a motor vehicle while impaired by alcohol or drugs. Motor vehicles encompass cars, trucks, motorcycles, and any other vehicle powered by an engine. Drunk driving is a serious offense in California with legal and administrative consequences.
The legal BAC limit for a DUI offense in California is also 0.08%. If a driver’s BAC exceeds this limit, they can be charged with DUI. However, it is important to note that even a BAC below 0.08% can still result in a DUI charge if the driver’s ability to operate the vehicle is impaired.
DUI offenses in California are considered misdemeanors but can result in severe penalties. These penalties may include fines, license suspension, mandatory attendance at alcohol or drug education programs, probation, and even jail time, particularly for repeat offenses or cases involving aggravating factors such as accidents or injuries.
It is worth mentioning that public intoxication is a separate offense that pertains to being intoxicated in a public place, such as sidewalks or parks. While it is not specifically related to operating a vehicle, including bicycles, public intoxication can still have legal consequences.
Similarities Between BUI and DUI
Several similarities emerge when comparing BUI (biking under the influence) and DUI (driving under the influence). Both offenses involve impaired judgment and coordination due to the influence of alcohol, specifically an alcoholic beverage or drugs. The effects of alcohol on the central nervous system can compromise reaction times, motor skills, and decision-making abilities, whether one is operating a bicycle or a motor vehicle.
From a Legal Standpoint
BUI and DUI are considered criminal offenses in California. Being charged with either offense can have significant legal implications. Penalties for both BUI and DUI include fines, probation, mandatory alcohol or drug education programs, and even potential jail time. The severity of the penalties may increase for repeat offenses or cases involving injuries or fatalities.
Furthermore, both BUI and DUI can impact driving or biking privileges. While a bicyclist’s driver’s license cannot be suspended, being charged with BUI may still have consequences for individuals with a driver’s license, potentially affecting their future driving privileges.
It is essential to recognize that BUI and DUI are crimes in California, and being charged with either offense can have serious repercussions. These offenses fall under the purview of California Vehicle Code Section 21200.5, which specifically addresses biking under the influence. Individuals charged with a DUI on a bicycle, sometimes called a CUI (cycling under the influence) or a drunk cyclist, can face legal consequences under this vehicle code section.
Differences between Biking Under the Influence and Driving Under the Influence
Vehicle Type
BUI offenses specifically address riding bicycles. While motor vehicles inherently pose greater risks due to their speed and size, it is important to acknowledge that even bicycles, when ridden by impaired individuals, can still endanger themselves and pedestrians.
Speed and Potential for Harm
Motor vehicles can reach high speeds, making them more likely to cause severe harm in the event of an accident. Conversely, bicycles typically operate at lower speeds, reducing the potential for significant harm to others in a collision. However, it is crucial to understand that impaired bicyclists can still pose risks to their safety and the safety of pedestrians, despite lower speeds.
Testing and Evidence
Breathalyzers and Blood Tests
In DUI cases, testing for alcohol impairment commonly involves using breathalyzers or blood tests to determine the driver’s blood alcohol concentration (BAC). However, using breathalyzers may not be as prevalent when testing bicyclists for BUI. Instead, if there is reasonable suspicion, law enforcement officers can request a blood test to assess the presence and level of alcohol or drugs.
Challenges in Testing Bicyclists
Testing bicyclists for impairment poses unique challenges compared to testing motorists. Unlike drivers, bicyclists are not required to carry identification, which makes it more difficult for officers to positively identify an individual and conduct testing. Additionally, establishing probable cause for testing may be more complex, as bicyclists may exhibit different signs of impairment than drivers.
Apprehension and Detention
Traffic Stops vs. Bike Stops
Law enforcement officers typically conduct traffic stops by pulling over motor vehicles when apprehending individuals suspected of DUI. However, the process of apprehension and detention for BUI may differ. In the case of BUI, law enforcement officers can initiate a bike stop by signaling the bicyclist to stop, allowing them to detain the individual for suspected BUI.
Arrest Procedures and Field Sobriety Tests
Arrest procedures and field sobriety tests are standard protocols during DUI stops. However, for BUI, the process may vary. Officers may administer field sobriety tests to assess the impairment levels of bicyclists. If probable cause is established, they can proceed with an arrest and further testing, such as blood tests, to gather additional evidence.
Snapshot of California’s Specific Laws and Penalties (Vehicle Code)
Biking Under the Influence (BUI)
1. California Vehicle Code Section 21200.5
California has specific laws, outlined in California Vehicle Code Section 21200.5, that address biking under the influence (BUI) offenses. According to this code, it is considered unlawful for any person to ride a bicycle on a highway while under the influence of an alcoholic beverage, drugs, or a combination of both.
2. Penalties for BUI Offenses
The penalties for BUI offenses in California can vary based on several factors, including prior convictions and aggravating circumstances. When convicted of BUI, individuals may face fines, mandatory participation in alcohol or drug education programs, probation, and even the possibility of jail time.
Driving Under the Influence (DUI)
1. California Vehicle Code Section 23152
California Vehicle Code Section 23152 outlines the laws on driving under the influence (DUI) in the state. This code establishes the legal blood alcohol concentration (BAC) limit of 0.08% for motor vehicle drivers.
2. Penalties for DUI Offenses
DUI offenses in California carry significant penalties. These can include fines, suspension of the individual’s driving license for a specified period, mandatory participation in alcohol or drug education programs like DUI classess online, probation, and potential jail time. Repeated offenses or instances involving injuries or fatalities can result in more severe penalties.
It is crucial to understand and abide by these laws to ensure the safety of oneself and others on the road. Both BUI and DUI offenses are considered serious violations under California criminal law. Remember, avoiding getting drunk or impaired while riding your bicycle or operating a motor vehicle is always best to prevent legal consequences like criminal record, accidents, and potential harm.
Conclusion
BUI and DUI offenses share similarities regarding impaired judgment, legal implications, and potential penalties. However, vehicle types, testing procedures, and arrest protocols differ. Understanding these differences and similarities is essential for promoting responsible behavior and ensuring the safety of all road users. By being aware of the laws and making informed choices, individuals can contribute to creating safer roadways and bikeways in California.
Remember, whether on a bicycle or behind the wheel, it is crucial to prioritize safety, never operate any vehicle under the influence, and always make responsible choices regarding alcohol and drug consumption. Stay informed, be aware, and help create a safer and more responsible community.
Meta Title: BUI vs. DUI: The Differences and Similarities
Meta Description: This blog tackles the differences and similarities between biking under the influence and driving under the influence, as well as their legal consequences, with reference to vehicle code 21200.5.
About the Author
Stephanie Gordon currently works as the Content Marketing Strategist for the Arizona Criminal Law Team. Aside from spreading awareness about criminal law and defense, she enjoys reading and trail running with her family and friends.