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Thread Box:
DUI
Thread started by KiMS1 at 05.21.09 - 11:15 am

so we've all been told that a DUI is possible while on a bike but has anyone received one yet?


if you have, how bad was it?

was it as bad as getting a DUI while driving a car?



reply


i was about to get fucked one tine for drinkin a 40 on my bike on the west side



HANDBONE
05.21.09 - 11:16 am

reply


yeah, u were ABOUT to.

i wanna hear from people that have truly received a DUI.


i've had about 3 experiences involving detainment and booze and the worst thing that happened was the cop having me pour the beer out. no DUI's yet though.





KiMS1
responding to a comment by HANDBONE
05.21.09 - 11:19 am

reply


Its called a BUI. Seriously.



Graham
05.21.09 - 11:19 am

reply


i remember reading about someone getting one though yes



HANDBONE
responding to a comment by KiMS1
05.21.09 - 11:20 am

reply


BUI, DUI whatever

WHAT HAPPENED THOUGH!

i mean, do they like toss ur ass in jail or something?

is it the same process as a DUI?



KiMS1
responding to a comment by HANDBONE
05.21.09 - 11:21 am

reply


Many bicyclists are unaware that riding a bike under the influence of alcohol or drugs is a crime in California. A bicyclist convicted for cycling under the influence faces a fine of $250 – considerably less than the punishment for driving a vehicle under the influence of alcohol. However, there’s no reason not to fight a CUI charge. An experienced DUI / DUI lawyer can successfully challenge a cycling under the influence case on a number of issues.

In order to convict someone of drunk-driving, a prosecutor must prove that the individual was driving a vehicle while under the influence of alcohol. Although bicycles aren’t considered vehicles in California, and therefore are not covered by the usual laws governing drunk-driving, the California Vehicle Code has a separate provision covering bicycles that states that it is unlawful to ride a bicycle on a highway while intoxicated.

Police who suspect a bicyclist of CUI may ask the cyclist to complete a field sobriety test such as the walk and turn test. Although field sobriety tests are optional, many police officers fail to advise drivers and cyclists of this fact. These tests are designed to be failed, and the results serve only to justify an arrest and provide evidence in a court case.

Just as in a DUI / DWI case, any bicycle rider arrested for cycling under the influence must submit to a chemical test to determine blood alcohol content (BAC). Unlike drunk-driving laws governing vehicles, which set a “per se” limit of .08 percent BAC, there is no magic number in a CUI case.

There are several ways to attack a CUI charge, one of which is to challenge whether the cyclist was in fact riding on a “highway.” Although the definition of highway includes public streets, it excludes driveways and private roads.

Another approach is to challenge the results of a chemical test. Because most chemical tests are administered at least an hour after an arrest, the results can be skewed if the individual’s body has continued to absorb alcohol between the time of arrest and the time the test is administered. It’s important to remember that it’s not against the law to be under the influence at the police station, only when actually riding a bicycle.

The bottom line is that cycling under the influence cases can be successfully challenged. A California attorney with experience fighting CUI cases can aggressively fight the charges and keep negative consequences to a minimum.



_iJunes
05.21.09 - 11:29 am

reply


I doubt it. I'm sure under certain circumstances they would lock you up. I think its just such a petty offense, they only person who is in real danger is yourself. Somewhat.

They'd probably make you get off your bike and walk it which I've actually heard of happening.






Graham
05.21.09 - 11:29 am

reply


I'm pretty sure Franz got a BUI. Confirm?



SPOOK
05.21.09 - 11:31 am

reply


Most of you twerps can't even hold your liquor. Especially the Armadillos!



Joe Borfo
responding to a comment by SPOOK
05.21.09 - 12:35 pm

reply


Although bicycles aren’t considered vehicles in California,
INCORRECT.



ruinedbyidiots
05.21.09 - 12:36 pm

reply


srsly,

someone who has GOTTEN a BUI/DUI whatever, fucking explain this shit.

everything posted above has been brought up like a million times but no one has ever said,

fuck dude, i got a DUI on my bike.


SO WHO HAS GOTTEN ONE?!



KiMS1
responding to a comment by ruinedbyidiots
05.21.09 - 12:41 pm

reply


Even though cyclists have "all the rights and responsibilities of vehicle drivers" in the California Vehicle Code, a bicycle is officially defined as a "device".

Another example of the fine work coming out of the Ministry of Double-Speak.




angle
responding to a comment by ruinedbyidiots
05.21.09 - 1:47 pm

reply


if that were the case, then you wouldnt get points against your license for a bui while being drunk on a skateboard or roller skates is nothing more than a drunk in public charge.



ruinedbyidiots
responding to a comment by angle
05.21.09 - 1:59 pm

reply


I'm sure somebody here knows. But then who really want's to give Mike a straight answer? He's such a Fluffa!.



Joe Borfo
05.21.09 - 3:29 pm

reply


nobody likes me :(




no but srsly,

since so many of us drink and ride, i figured AT LEAST one person on the forum can be like, "yeah, i got popped and i owe 10K now."

every single police/bike interaction ive had, they made me poor out the beer and told me to scram.

they always bring up teh DUI thing and im always too afraid to ask.

maybe i should call the local police station and see what they say or something.



KiMS1
responding to a comment by Joe Borfo
05.21.09 - 3:37 pm

reply


What? NO! Just wait, I'll look it up for you. Geeze !!



Joe Borfo
responding to a comment by KiMS1
05.21.09 - 4:00 pm

reply


the whole thing about the 250 banana fine, ive heard that somewhere else as well.






KiMS1
responding to a comment by Joe Borfo
05.21.09 - 4:02 pm

reply


California Vehicle Code VC 21200 - Laws Applicable to Bicycle Use: Peace Officer Exemption

Do You Need Legal Help?

Complete and submit this form and we will contact you shortly.
* required fields.
* First Name:
* Last Name:
* Email:
* Cell Phone:
Date Arrested:
* Comments:

By submitting this questionnaire, you are not forming an attorney-client relationship. The only way to establish an attorney-client relationship with a criminal defense attorney or DUI / DWI criminal defense lawyer at The Kavinoky Law Firm is to sign a written retainer agreement and comply with its terms.

21200. (a) Every person riding a bicycle upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Section 27400, Division 16.7 (commencing with Section 39000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions which by their very nature can have no application.

(b) (1) Any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, operating a bicycle during the course of his or her duties is exempt from the requirements of subdivision (a), except as those requirements relate to driving under the influence of alcoholic beverages or drugs, if the bicycle is being operated under any of the following circumstances:

In response to an emergency call.
While engaged in rescue operations.
In the immediate pursuit of an actual or suspected violator of the law.
(2) This subdivision does not relieve a peace officer from the duty to operate a bicycle with due regard for the safety of all persons using the highway.

Amended Ch. 357, Stats. 1994. Effective January 1, 1995.







Joe Borfo
responding to a comment by KiMS1
05.21.09 - 4:08 pm

reply


Cycling under the influence cases are very similar, in many states and in many respects, to traditional DUI (driving under the influence) drunk driving cases. The critical inquiry in a cycling under the influence case is "how is the term 'vehicle' defined?"

By way of background, driving under the influence cases, whether referred to as a DUI, DWI, DWAI, OUI, OUIL, or any other acronym, all have certain things in common. They each require the proof, beyond a reasonable doubt, of certain elements. These elements typically include (i) driving (ii) a vehicle (iii) while under the influence (however that phrase is defined in the state in question) or (iv) while having a blood alcohol level of .08% or higher.

Therefore, cycling under the influence cases will usually turn on the question of whether a bicycle fits the definition of the term "vehicle" in the state where the arrest took place.

For cases involving cycling under the influence in California, for example, there are special laws that govern bicyclists. The California Vehicle Code created an exception for devices moved exclusively by human power, meaning that a bicycle is not a "vehicle" for purposes of the California DUI laws.

However, the California Vehicle Code does provide that it is unlawful for any person to ride a bicycle upon a highway while under the influence of alcohol (or drugs), and that all persons arrested for violating this section are required to give a test of their blood or breath (or urine, if drugs are suspected), just as in a driving under the influence case. There is no "per se" violation relating to a particular blood alcohol level (such as the .08 laws), as there are in traditional DUI cases.

A conviction of violating the California CUI cycling under the influence statute subjects the violator to a base fine of $250.00. This is substantially less than the fines imposed for DUI cases involving "vehicles".



Joe Borfo
responding to a comment by KiMS1
05.21.09 - 4:09 pm

reply


Cycling Under The Influence (CUI)

Many bicyclists are unaware that riding a bike under the influence of alcohol or drugs is a crime in California. A bicyclist convicted for cycling under the influence faces a fine of $250 – considerably less than the punishment for driving a vehicle under the influence of alcohol. However, there’s no reason not to fight a CUI charge. An experienced DUI / DUI lawyer can successfully challenge a cycling under the influence case on a number of issues.

In order to convict someone of drunk-driving, a prosecutor must prove that the individual was driving a vehicle while under the influence of alcohol. Although bicycles aren’t considered vehicles in California, and therefore are not covered by the usual laws governing drunk-driving, the California Vehicle Code has a separate provision covering bicycles that states that it is unlawful to ride a bicycle on a highway while intoxicated.

Police who suspect a bicyclist of CUI may ask the cyclist to complete a field sobriety test such as the walk and turn test. Although field sobriety tests are optional, many police officers fail to advise drivers and cyclists of this fact. These tests are designed to be failed, and the results serve only to justify an arrest and provide evidence in a court case.

Just as in a DUI / DWI case, any bicycle rider arrested for cycling under the influence must submit to a chemical test to determine blood alcohol content (BAC). Unlike drunk-driving laws governing vehicles, which set a “per se” limit of .08 percent BAC, there is no magic number in a CUI case.

There are several ways to attack a CUI charge, one of which is to challenge whether the cyclist was in fact riding on a “highway.” Although the definition of highway includes public streets, it excludes driveways and private roads.

Another approach is to challenge the results of a chemical test. Because most chemical tests are administered at least an hour after an arrest, the results can be skewed if the individual’s body has continued to absorb alcohol between the time of arrest and the time the test is administered. It’s important to remember that it’s not against the law to be under the influence at the police station, only when actually riding a bicycle.

The bottom line is that cycling under the influence cases can be successfully challenged. A California attorney with experience fighting CUI cases can aggressively fight the charges and keep negative consequences to a minimum.




Joe Borfo
responding to a comment by KiMS1
05.21.09 - 4:11 pm

reply


YOU CAN GET A TICKET FOR BEING UNDER THE INFLUENCE OF ANYTHING!!!

If you drank 30 cups of coffee and were high as a kite on cafeine you technically could get a BUI/DUI for that! Highly unlikely but in theory possible. There are all kinds of laws that cover 'grey' areas. This is why it's called "under the influence'.

In the UK I believe the law is simply drunk driving - a very simply worded law.

I've been sobriety tested on a bike ride and it wasn't fun. If you drink alcohol and (1) over the vehicular limit, you can expect a ticket. The fine is presumably expensive, because they neeeedz the fundz!!!

Also for those of you out of work, with a DUI or BUI on your record, you are adding to the list of reasons a potential employer may deny you a position.

Enjoy!






Limeyfly
05.21.09 - 4:13 pm

reply


would that $250 DUI on ur record count as a felony?

DUI's in automobiles are a felony right?



KiMS1
05.21.09 - 4:14 pm

reply


Mr. Borfo,

Can you provide links to your resource? Or is this coming straight from the Bunnie's moth?



User1
responding to a comment by Joe Borfo
05.21.09 - 4:22 pm

reply


just google - cycling under the influence, california

What am I, a librarian?



Joe Borfo
responding to a comment by User1
05.21.09 - 4:24 pm

reply


Thanks Borf... how are thou mate???



Limeyfly
responding to a comment by Joe Borfo
05.21.09 - 4:25 pm

reply


encyclopedia borfo



KiMS1
responding to a comment by Joe Borfo
05.21.09 - 4:26 pm

reply


http://www.californiaduihelp.com/criminal_case/misdemeanor_felony_dui.asp





Limeyfly
responding to a comment by KiMS1
05.21.09 - 4:27 pm

reply


Trying to get out on more rides but stuff gets in the way. See you soon.

And drink reasonably, Fluffas!



Joe Borfo
responding to a comment by Limeyfly
05.21.09 - 4:29 pm

reply


A friend of mine got a BUI on the island of Coronado just off the coast of San Diego. The cops there are pretty strict. He was riding a beach cruiser home late at night and riding in the street.

Obviosly the cops in Los Angeles have plenty of chances to give us BUI's and no lack of drunk ridazz.to give them to. I can only assume that they are consciously choosing not to go to that level of enforcement.

They could decide to start enforcing the law at any time. Be careful. NEVER ride with a beer in your hand. Drink it up or throw it out. Riding with a beer (o a bottle of jack) in your hand is just plain stupid (RBI you long haired hippie this means you).









stillline
05.21.09 - 5:18 pm

reply


Stupid is as stupid does...









Joe Borfo
responding to a comment by stillline
05.21.09 - 5:31 pm

reply


^^^SRSLY!!!^^^



skano
responding to a comment by Joe Borfo
05.21.09 - 6:22 pm

reply


i havent drank on the last five or six rides ive done.



ruinedbyidiots
responding to a comment by stillline
05.21.09 - 6:26 pm

reply

Reply


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