COPS Television Series; Bicycling Under Influence of Alcohol or Drugs

[Jim1648]

I guess I haven't watched the COPS television show much lately, but I did watch a little bit last night. Is it just me or are they hard up for good coverage? The call I saw was in Rancho Cucamonga CA. I wasn't real clear at first if it is the Rancho Cucamonga Police Department or the San Bernardino County Sheriff's Department that was dealing with the incident. I sort of gather that the sheriff's office must contract police services to the city, but they must somehow try to maintain community identity by still referring to the Rancho Cucamonga Police Department.

Anyway, they ended up arresting the guy and at first I was sort of puzzled as to why, but they arrested him for Bicycling Under Influence of Alcohol or Drugs! I realize that laws do vary from state to state, but that one sort of struck me as unusual, particularly for California.

Is Bicycling Under Influence of Alcohol or Drugs a violation in your state? Please list the state as well.

[nobodyjr]

Yeah it was SBSO which contracts to Rancho Cuca for the PD. Rancho is a middle upper class city and one of the nicer areas SBSO patrols. Why they didn't go back to Central, Fontana, or Victorville who knows.

I've arrested people for bike DUI. It's basically similar to drunk in public.

There was another episode on recently where SBSO Rancho had a domestic call and the suspect was driving DUI in the parking lot. They tried real hard to get out of that call without an arrest or report. It was embarrassing. In the end it didn't appear they bothered with the DUI.

The San Diego Sheriff stolen cake clip was bad too.

[JChrisM]

Yes, Florida has the same law. Its case law if I am not mistaken. Someone chime in if I am wrong.

[CUFFS137]

I saw that...It struck me as one of those scenarios where the accused is being a tool, and is destined to get arrested for any possible offence. That is where statutes like that come into play.
I seriously doubt that Rancho Cucamonga cops routinely arrest people for biking under the influence.

[GoRavens1224]

The San Diego Sheriff stolen cake clip was bad too.

Tell me about it. There isnt anything else going on than to take 6 officers off the road to arrest someone for misd theft? The damn cake can be worth more than $10.

[scotty707]

Tell me about it. There isnt anything else going on than to take 6 officers off the road to arrest someone for misd theft? The damn cake can be worth more than $10.

Actually, I think they charged burglary on that one because she said she entered the store with intent to steal the cake.

[madchiken]

Tell me about it. There isnt anything else going on than to take 6 officers off the road to arrest someone for misd theft? The damn cake can be worth more than $10.

Yea, but that $10 cake resulted in a felony charge as well...

For the OP: In some states, laws concerning the operation of a bicycle are contained in the vehicle code and the bicycle is defined as a vehicle. It is seldom used, but people can be arrested or cited for violations of the vehicle code while operating a bicycle.

[Tmg]

Blow the feathers off that arrest. At least he wasn't driving a car.

[jeeves44]

MN:

169A.20 DRIVING WHILE IMPAIRED.
Subdivision 1.Driving while impaired crime.

It is a crime for any person to drive, operate, or be in physical control of any motor vehicle within this state or on any boundary water of this state:


Motor vehicle.

"Motor vehicle" means every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires. The term includes motorboats in operation and off-road recreational vehicles, but does not include a vehicle moved solely by human power.


If it had some type of motor, then it would be DUI, but a peddle powered bike would not fall under DUI. No law against biking under the influence here.

[Bing_Oh]

It's a violation of Operating a Vehicle Under the Influence in Ohio, same is if you're in a car. The state legislature changed the law several years ago from "motor vehicle" to just "vehicle," covering anything from bicycles to rollerblades and even horses.

[towncop]

Blow the feathers off that arrest. At least he wasn't driving a car.

:rolleyes:

[PC Plum]

UK law

The Licensing Act 1872 makes it an offence to be drunk in charge of a bicycle (or any other vehicle or carriage) on a highway or in a public place.

Magistrates can hand down a 1 month prison sentence and a £200 fine.

Section 30 Road Traffic Act 1988 says: "It is an offence for a person to ride a cycle on a road or other public place when unfit to ride through drink or drugs - that is to say - is under the influence of a drink or a drug to such an extent as to be incapable of having proper control of the cycle.

In Scotland a PC may arrest without warrant a person committing an offence under this section.

There is no obligation for a cyclist to submit to a blood or urine alcohol test.

[usmcrob]

Drunk + Bicycle = DWI in TX. You'd be hard pressed to make it fly, but a bike is considered a motor vehicle. So is a skateboard, horse, horse drawn carriage, or any other method of transportation other than something on rails.

[pulicords]

Although operating a bicycle while under the influence is a vehicle code violation here in CA, I don't believe it's one of the violations exempted from the necessity of being committed in the presence of an officer to allow the arrest of the violator. If that's the case, the arrest on COPS could only have been for "Public Intoxication" and not for the CVC violation as stated by the investigating deputy. (Maybe one of our more VC oriented CA officers can confirm that for me!)

[Blizzination]

I think I've used this section ONE time...

21200.5. Notwithstanding Section 21200, 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. Any person arrested for a violation of this section may request to have a chemical test made of the person's blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person's blood pursuant to Section 23612, and, if so requested, the arresting officer shall have the test performed. A conviction of a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250). Violations of this section are subject to Section 13202.5.

This violation must be committed in the officer's presence to be arrestable.