One of the most common questions I hear is whether you can get a DUI on a bicycle in California. The answer is more nuanced than people expect, and it depends on what you were riding.
Bicycles are not covered by the DUI law
The standard DUI statute, Vehicle Code 23152, applies to vehicles, and a regular bicycle is not a vehicle for that purpose. Instead, California has a separate, much less serious law, Vehicle Code 21200.5, that makes it an infraction to ride a bicycle on a public road while under the influence. The penalty is a small fine, not the cascade of consequences that follows a DUI. There is no license suspension built into the bicycle statute.
Electric scooters and mopeds are different
The analysis changes for motorized devices. Riding a motorized scooter under the influence is addressed by its own provision and is treated as a lower-level offense than a DUI. Mopeds and motorized bicycles can fall under the regular DUI law depending on how they are classified, which means a moped DUI can look much more like a car DUI. The classification of the exact device matters a great deal.
Why the charge still matters
Even a bicycle-under-the-influence infraction creates a record and can be paired with other allegations. And police sometimes charge the wrong statute, treating a bicycle case as a full DUI. Making sure the conduct is charged under the correct law is often the whole defense.
Where to start
If you were cited for riding under the influence, the first question is whether the right law was even applied. Use the free written case analysis below or call me directly. See also the DUI glossary.