In Nevada, riding a bicycle while under the influence of alcohol or drugs is not categorized as a DUI (Driving Under the Influence). Instead, individuals found to be intoxicated while operating a bike may be charged with reckless endangerment, as outlined in NRS 202.595.
Biking under the influence that does not result in substantial bodily harm or death of another is typically considered as a gross misdemeanor offense, with potential consequences including the following:
- Fines of up to $1,000 and/or
- Up to 365 days of imprisonment
However, if someone is injured with substantial bodily harm due to the actions of an intoxicated cyclist, the charge of reckless endangerment escalates to a Category C felony.
When reckless endangerment is classified as a Category C felony, the penalties become more severe. Offenders may face:
- imprisonment for a period ranging from 1 – 5 years and
- potentially, a maximum fine of $10,000
It is important to note that these penalties are subject to the specific circumstances of each case.
In the following article, our team of experienced attorneys in Las Vegas addresses several key aspects related to biking under the influence in Nevada:
- Is riding a bike under the influence considered a DUI in Nevada?
- What are the penalties for riding a bicycle while intoxicated?
- Can the charge of biking under the influence be dismissed?
- When is it possible to seal the record?
1. Riding a Bike Under the Influence – Is it a DUI Offense In Nevada?
Operating a bicycle under the influence of alcohol or drugs does not fall under the purview of the DUI laws in Nevada. The drunk driving laws apply to motorcycles and motor vehicles, excluding bicycles and electric bikes. This type of offense is commonly referred to as CUI (Cycling Under the Influence) and is distinct from DUI.
Nevertheless, individuals who ride bicycles while intoxicated can still encounter criminal charges for reckless endangerment; a broad offense that encompasses:
“any deliberate or negligent act that disregards the safety of people or property.”
In the context of biking while intoxicated or impaired, the erratic and unsafe behavior associated with intoxicated cycling increases the risk of collisions with pedestrians and property.
Example:
Jerome heads to Treasure Island on his Trek bike, where he consumes cocaine. On his way back, a police officer notices him swerving within the bicycle lane. Concerned that Jerome might cause a bike accident, the officer asks him to pull over and arrests him. Following the arrest, he is taken to Clark County Detention Center and charged with reckless endangerment due to biking while being impaired by drugs.
In this scenario, Jerome has been charged with reckless endangerment, even though no property was damaged, and no one was harmed. Even though Jerome believes he made the safer choice of riding a bike instead of driving a car, bicycling in an unsafe way is illegal because it poses a safety risk to those in the vicinity.
Other actions committed by intoxicated bicyclists that qualifies as reckless endangerment include:
- Cycling at excessive speeds
- Consistently not yielding to those that have the right-of-way
- Frequently changing lanes without signaling
- Riding dangerously close to other pedestrians or vehicles
- Repeated disregard for traffic signals, such as red lights
It is worth noting that, unlike DUI cases, law enforcement does not typically measure the blood alcohol level of individuals accused of CUI.
2. Penalties for Riding a Bicycle While Intoxicated
According to Nevada law, biking under the influence is considered a gross misdemeanor offense of reckless endangerment, provided that no one has died or suffered significant physical injury. The potential sentence for this offense includes:
- Jail time for a maximum of 364 days and/or
- A fine of up to $2,000 (although the judge has the authority to allow community service instead of fines)
However, if biking under the influence or impaired leads to the death or serious injury of another person, reckless endangerment may be elevated to a Category C felony. The penalties for this offense include:
- Imprisonment in the Nevada State Prison ranging between 1 to 5 years and/or
- Fines reaching a maximum of $10,000 (at the discretion of the court)
Unlike DUI offenses, reckless endangerment charges do not result in driver’s license suspensions. Also, the sentencing range for the first offense of reckless endangerment is the same as for subsequent offenses.
Defendants involved in drunk biking incidents may also face civil personal injury lawsuits filed by the victims. These lawsuits seek reimbursement for various damages, such as medical expenses, suffering and pain, lost financial capacity, and wrongful death.
It is worth noting that intoxicated bicyclists can also face other traffic charges, including the following:
- Failure to stay in the proper lane (NRS 484B.777)
- Reflectors, lamps, or brakes malfunction (NRS 484B.783)
- Failure to signal before turning (NRS 484B.768)
Most of these biking violations are categorized as misdemeanors, with potential penalties including:
- Fines of up to $1,000 and/or
- Up to 6 months of imprisonment
Can the Charge of Biking Under the Influence Be Dismissed?
Successful defense against a Cycling Under the Influence (CUI) reckless endangerment charge in Nevada depends on the facts and circumstances of each case. A common CUI defense strategy is to argue that the defendant’s actions were not conducted “in wanton and willful disregard for the safety of property or persons.
Example: After having one beer at a bar in Green Valley Ranch, Sally starts riding her bike home. An officer observes Sally leaving the bar and assumes she is intoxicated. The officer stops her and books her at the Henderson Detention Center for reckless endangerment.
In this scenario, the officer did not observe Sally engaging in any behavior that posed a safety hazard to the public. The officer made an unreasonable presumption that Sally was intoxicated based solely on Sally leaving a bar. The officer disregarded her otherwise safe biking practices. Sally’s defense attorney may use this information to demonstrate to the prosecuting attorney that Sally did not act with “wanton and willful” disregard for the safety of others when she got on her bicycle. If this argument is successful, the court should dismiss the charge.
Various types of evidence can be used in CUI cases, including:
- surveillance eyewitness testimony
- GPS records
- video footage and, if applicable,
- expert testimony for accident reconstruction, which may support the defense’s argument that the defendant’s actions were not “wanton and willful” disregard for the safety of others
When is it Possible to Seal the Record?
A conviction for a reckless endangerment gross misdemeanor in Nevada may be eligible for record sealing two years after the case’s conclusion. For a reckless endangerment Category C felony, the record may be sealed after five years following the end of the case.
It’s important to note that if the charge is dismissed, there is no waiting period to file a petition for record sealing.
If you have been arrested for DUI or CUI, we recommend reaching out to our attorneys at The Bourassa Law Group. They can assist you in your case. Our legal practice covers all areas in Nevada, including Las Vegas and Reno.
For more information, you can refer to our article on Nevada biking safety laws. In addition, our personal injury attorneys are dedicated to fighting for the maximum settlement amount possible for bike accident victims. Furthermore, our Las Vegas DUI lawyers specialize in defending individuals suspected of DUI. For information on CUI laws in other states, you can visit Bikeleague.org.