Can You Get a DUI Without a Car? Yes, Napa Bike Cop Says

Getting a DUI is expensive, inconvenient, embarrassing — and easier than you might think.

In fact, you can even get a DUI without a motor vehicle if you are found to have been riding your bicycle under the influence, according to Napa police Sgt. Aaron Medina in his blog on Napa Patch:

For riding under the influence of alcohol and/or drugs, there is a specific bicycle section.  21200.5 of the Vehicle Code states, in part, “It is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug.” 

Medina continues,

Generally speaking (and using the definition under DUI case law), a person is "under the influence" when the liquor, drug, or combination of liquor and drugs, has impaired his physical or mental abilities to such a degree that he no longer has the ability to ride his bicycle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.

A bicycling DUI carries a maximum punishment of $250, Medina writes: 

This is significantly less than a conviction for DUI in a motor vehicle, which according to the Napa County DUI Task Force, costs over $12,000 and can include jail time up to a year. Because there is a separate section from the DUI statute, a conviction does not count as points on your driver’s license. 

But that doesn't mean you won't wind up in jail alongside DUI motorists, Medina continues:

If you are too intoxicated to ride, you might also be arrested for public intoxication. You could be booked at the local jail to sober up, or spend the night at a detox center.  Napa police will generally take your bike to the station and hold it for later pickup during normal business hours.  

Riding a bicycle "requires the rider to react to traffic, obstacles in the roadway and other hazards," Medina writes.

Adding alcoholic beverages into the mix can be a deadly combination.  According to the Insurance Institute for Highway Safety, 23% of bicyclist killed in 2010 age 16 and over had a blood alcohol content of over .08 percent. 

Medina recommends that cyclists who have been drinking "call , , or a friend to take you home. Fortunately for riders, Downtown Napa has plenty of places to lock up your bike." 

For more about Medina's role as a Napa bike cop, check out his  blog.

If you have any bicycling questions you'd like him to answer, just ask in the comments section.

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