The state of California has a number of statutes that help in the maintaining law and order. Driving under the influence is a very serious crime, what about riding under the influence? It is a crime although considered a lesser charge when compared to driving under the influence. One cannot however get a DUI while riding a bicycle in California because their statutes specify on what a bicycle and a vehicle is a powered machine that can propel itself and permanently uses rails or roads. This therefore disqualifies a bicycle as a vehicle. However some bikes riders are not so lucky since they can be classified as vehicles depending on their appearance and will ultimately result in DUI riding bike California state.
This however does not mean that on cannot be arrested for riding under the influence. This charge carries a lighter sentence and fine too. The good news is after being arrested and charge for riding under the influence your driving license will not be affected in any way in that you still have it clean with no suspension or confiscation records. Riding in California does not require a license. Traffic rules should be followed to avoid piling up more charges in the event of arrest
After being arrested a rider under the influence is expected to agree to blood alcohol level test to determine the amount of alcohol in his or her body. However unlike in driving under the influence, riding under the influence does not have a stipulated amount that is considered as a blood alcohol content limit. There are also a number of physical sobriety tests to be taken like for example walking on a straight line, although a number of people are ignorant of the fact that this physical test is not compulsory and a rider an comfortably say no to them without into trouble.
Just like in any other arrest, the burden of proof lies with the prosecution and hence you shouldn’t answer any questions to the police that may incriminate you. Depending on where you were arrested from they can argue that you were on the road hence posing a great danger to yourself, other road uses together with property. Questions such as how many bottles of alcohol did you consume should not be answered.
It is also important to note that the amount of time for alcohol to be circulated to the blood stream is not a minute or two. Taking a breathalyzer test shortly after consuming alcohol will definitely result in having a higher value of the blood alcohol content. Take time, for example an hour before taking a breathalyzer to allow the high amount of alcohol in your breath to reduce and circulate in the body
The ultimate fine by law to be paid if found guilty is an amount not exceeding $250. In some circumstances getting a smart DUI lawyer is wise; he or she can get you off the hook with just but a slap on your wrist.
About Guest Post Author
Christopher J McCann is a well-known DUI lawyer in California with 12 years of experience handling DUI cases. You can visit my website at cjmdefense.com to find details of my services and you can follow my tweets at @CJM_Law_Firm for useful updates about drunk driving laws.
