November 21, 2007 By Wallin & Klarich

If you are familiar with the midnight ride, you are familiar with what goes on during its course.

More than 500 bicycle riders get together to ride 26 miles once every two months. Riders are encouraged to stop off at local convenient stores, purchase alcoholic beverages and consume them prior to starting their ride again.

My client was shocked when he was pulled over for driving under the influence the other day. He couldn’t believe that he was cited for a DUI while riding his bicycle. “It’s not a motorbike.” He kept on repeating to the arresting officer. Well, it doesn’t have to be. The California Jury Instructions provides the following:

1) The Defendant drove “a vehicle” (not necessarily a motor vehicle);
2) When he/she drove, the defendant’s blood alcohol level was 0.08 percent or more by weight.

So the next time you drive anything, make sure that you’re neither under the influence of drugs or alcohol. But if you are ever pulled over for a DUI, make sure that you have a good California DUI defense lawyer on your side.

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