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When it’s summertime in Orange County, many residents prefer transportation via bicycle. Riding your beach cruiser down Pacific Coast Highway may not be as carefree as it sounds, especially if you decide to stop and have a couple cocktails during your ride.

California Vehicle Code 21200 states that it is unlawful for any person to ride a bicycle upon a highway while under the influence of alcohol. A person who rides his or her bicycle on a highway has all the rights and is subject to the same types of provisions applicable to a driver of a motor vehicle. A violation of CVC 21200 is punishable by a fine not to exceed two hundred fifty dollars ($250). A first time offense is typically a misdemeanor for first time offenders.

In Clingenpeel v. Municipal Court, 108 Cal. App. 3d 394 (1980), the court examined the legislative intent behind CVC 21200. The court indicates that CVC 21200 is not intended to subject intoxicated cyclists to the same degree of punishment imposed upon intoxicated drivers of motor vehicles. The court states that even though the operation of bicycles by intoxicated drivers poses some threat to public safety, the combination of bicycle and cyclist does not amount to the carnage and slaughter caused by drunk drivers on California highways. Id. at 401-402.

However, the court does indicate that if a person operating a bicycle is so drunk “that he is unable to exercise care for his own safety or the safety of others,” a cyclist on public highway can be found guilty of public drunkenness under California Penal Code section 647(f). Id. at 403.

Therefore, riding a bike to avoid the more hazardous and devastating consequences of operating a motorized vehicle while under the influence is not a legally accepted alternative. With more and more people choosing to ride their bikes as an inexpensive and healthy alternative to driving a car, it is important to understand the dangers of riding a bicycle on a public highway. According to the National Highway Traffic Safety Administration, over 40,000 Americans are injured and over 700 people lose their lives in bicycle accidents each year. Adding intoxicated cyclists to these statistics would inevitably increase the numbers.

Orange County personal injury attorney Jeff Roberts can help you or a loved one who has been injured in a bicycle accident as the result of another person’s negligent or wrongful act. Located in Newport Beach, The Roberts Law Firm’s bicycle accident lawyers represent victims and ensure that they receive fair compensation for their injuries.