electric bike

Can you receive a DUI for riding an electric bicycle while under the influence of alcohol?  Yes!

Vehicle Code Section 670 defines a “vehicle” as a device that can propel any person or property down a highway. The Code specifically excludes devices that are exclusively human powered, however. Accordingly, you can receive a DUI if you ride any bicycle equipped with a small electric motor while under the influence of alcohol or drugs.

Any person who rides a bicycle that is strictly human powered cannot receive a DUI under Vehicle Code Section 23152. An impaired bicyclist riding on a highway can be punished by a fine under Vehicle Code Section 21200.5.

You can expect maximum enforcement of all DUI-related laws in Ventura County.  The Ventura County District Attorney’s Office takes special pride in being the toughest county in the State when it comes to DUI prosecutions.

An experienced criminal defense attorney  can make a drastic difference in the outcome of any Ventura County DUI case.  I aggressively defend cases in both criminal court and before the Department of Motor Vehicles.  Even if it turns out that the District Attorney has a strong case against you, I know what steps to take to mitigate your punishment. In some cases, you may be eligible for a “no jail” disposition from the court.  If jail is required, some defendants are able to serve their custody time at home in the Ventura County Sheriff’s electronic monitoring (EM) program.

I am a former supervising prosecutor in the Ventura County District Attorney’s Office.  I once supervised all misdemeanor and felony DUI cases prosecuted by the Ventura County District Attorney.  I am experienced, aggressive and on your side.  If you or a loved one have been arrested for Driving Under the Influence of Alcohol in Ventura County, please don’t hesitate to give me a call.  I may be reached at your convenience at (805) 585-0048, and by email at bill@billhaneylaw.com.

Photo Apr 25, 6 56 02 PM

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