As San Bernardino County DUI criminal defense lawyers, we were interested to see a news item about a man who was arrested for riding a bicycle while drunk. According to the June 22 Orange County Register, Lake Forest police arrested a 40-year-old man after noticing that he was riding in the wrong direction through a crosswalk and had trouble staying straight. Tito Pablo Alcanara-Carrasco had a blood-alcohol content nearly double the legal limit, which is a crime on a bicycle as well as on a car. California law gives bicyclists the same rights and responsibilities as drivers, including the responsibility to stay sober on the road. Alcanara-Carrasco was taken to Orange County jail, where he was cited but released.
Alcanara-Carrasco was spotted late on the night of June 19 by a sheriff's deputy working a special DUI patrol. The deputy saw the bicyclist crossing the road at a crosswalk, but very slowly and in the opposite direction from the flow of traffic. As the deputy got closer, he saw that Alcanara-Carrasco was weaving and had no light, which is a requirement for bicycling at night in California. The deputy stopped him and noticed a smell of alcohol on his breath, an unsteady walk and bloodshot eyes. In his jacket pocket, the deputy found a cold bottle of Tecate. A test of Alcanara-Carrasco's blood-alcohol content showed that he was at nearly twice the 0.08 legal limit, although the article doesn't say what kind of test was administered or the exact number. He was arrested and cited but released from law enforcement custody.
This article caught the attention of our Trabuco Canyon drunk driving criminal defense attorneys because it's rare to see a DUI arrest for someone on a bicycle. In fact, many Californians think it's impossible to be charged with drunk driving on a bicycle. Unfortunately, they're wrong. Drunk bicycling may be more likely to hurt the bicyclist than others, but bicyclists still have all the same legal responsibilities as drivers. However, readers may have noticed that Alcanara-Carrasco was cited and released from custody, suggesting that officers didn't think he posed a serious enough threat to keep him in jail overnight. This likely means he was charged with a misdemeanor. It's hard to discuss this case without knowing more about Alcanara-Carrasco's BAC level, but if he did choose to fight the case by going to trial, we believe the fact that he was bicycling could count in his favor before the jury.
Howard Law, P.C. aggressively defends cases of driving under the influence of alcohol or drugs, including cases of bicycling under the influence. A DUI conviction can mean jail time, probation, community service, alcohol classes and more, but many clients find that losing their driver's licenses is the part of a DUI case that has the most direct negative influence on their jobs, families, social lives and freedom. In fact, DUI defendants have a chance to fight that loss by requesting a hearing from the DMV, where they can require officers to prove that you were under the influence. Unfortunately, defendants have to request that hearing within 10 days of their arrests, and most people don't realize this until it's too late. Our Murrieta intoxicated driving criminal defense attorneys coordinate defense at this hearing with defense of the underlying DUI case, protecting your driving privileges as well as your criminal record.
If you're accused of driving under the influence of alcohol or drugs in California, don't wait before you call Howard Law, P.C. to learn how we can help. We offer free, confidential case evaluations. To set one up, call us toll-free at 1-800-872-5925 or send us a message online today.
