Yes, you can get a DUI on an electric bike in California. Riding after drinking or using drugs breaks state law. It works a little differently than a car DUI, but it still counts. The state treats most e-bikes like bicycles, and biking under the influence is a crime that can bring fines and other consequences.
If you ride after a few drinks, an officer can ticket you under the bicycle DUI law. In this guide, we will explain what California law says, what the penalties look like, how it compares to a car or scooter case, and tips to stay safe and legal on your electric ride.
California DUI Laws for Electric Bikes: The Basics
In California, DUI rules do not only cover cars and trucks. They can also apply to bicycles, electric bikes, and scooters. There is one key difference. Under state law, e-bikes are not “motor vehicles.” The main DUI law, Vehicle Code 23152, applies to motor vehicles, so it does not directly cover someone on a true e-bike. California uses a separate rule for biking under the influence.
Vehicle Code 21200.5 is the bicycle DUI law. It says you may not ride a bicycle on a public road while under the influence of alcohol or any drug. This includes electric bikes because the state treats them as bicycles.
In simple terms, if you ride any bicycle, whether pedal powered or electric assist, on a public road while intoxicated, you can be arrested or cited under VC 21200.5. Many people call this cycling under the influence, or CUI. It works a lot like a DUI, only written for bikes.
It is worth noting that California sorts e-bikes into three classes, Class 1, Class 2, and Class 3, based on how assist works and top speed. All of these classes count as bicycles if they meet the legal e-bike definition and not a motorcycle or moped.
That means the same bicycle DUI rule applies on public roads whether you ride a relaxed beach cruiser e-bike or a quick Class 3 model. The law does not require a set blood alcohol level like 0.08 percent to bring a charge. Any clear impairment from alcohol or drugs that affects safe riding can lead to a citation.
Penalties for Riding an E-Bike Under the Influence in California
Getting caught riding an e-bike while impaired brings lighter penalties than a car DUI, but it is still a crime that can end up on your record. Under California’s Vehicle Code 21200.5, the typical penalties include:
Fines: You can be fined up to $250 for cycling under the influence. That is the maximum base fine, and a court may set a lower amount in some cases. Car DUI fines can reach thousands of dollars, so the e-bike DUI fine is smaller by comparison.
No jail time: State law does not send you to jail for an e-bike DUI by itself. It is a misdemeanor, but one without incarceration. By comparison, a first car DUI can carry up to six months in county jail, even if many first timers do not serve time.
No license suspension (if 21 or over): For adults, a bicycle or e-bike DUI does not automatically suspend your driver’s license. The offense does not add points to your DMV record because it is not handled as a motor vehicle violation. It also usually does not count as a prior DUI on your driving record for later car DUI sentencing, since it is a separate offense. A regular DUI often triggers a driver’s license suspension of about six months for a first offense, along with DMV penalties.
No mandatory DUI classes or ignition interlocks: Because this is not a motor vehicle DUI, courts do not usually order DUI school or an ignition interlock device for an e-bike DUI. Those penalties apply to driving a motor vehicle under the influence.
Criminal Record: A bike or e-bike DUI is still a misdemeanor that goes on your criminal record. It may be a lower level misdemeanor, but it can appear on background checks. If you already have DUI related offenses, a bike DUI can make things more complicated, and if you rack up multiple bicycle DUIs a court may be less lenient.
What Happens If You’re Under 21?
If you are under the legal drinking age, under 21, the rules get stricter. Under California Vehicle Code section 13202.5, the DMV can suspend your driver’s license for one year if you are convicted of cycling under the influence while under 21. In simple terms, even though you were not driving a car, a young rider can still lose driving privileges because of an e-bike DUI. This law is meant to discourage underage drinking and riding.
A restricted license for school or work may be possible in some cases, but the usual outcome can be a one year suspension. If you do not have a license yet, the court can order a delay before you are allowed to get one. So for teens and college students, riding that electric bike home after drinking can cost you a full year of freedom behind the wheel later.
Aside from tickets and fines, think about safety and the ripple effects. Riding any bike after drinking is risky because you are more likely to crash and hurt yourself or someone else. An e-bike can go faster than a regular bike, so a crash can be more severe.
A bicycle DUI can also affect your insurance and how a court treats future cases, and even if it does not officially add points to your license, prosecutors and judges will still see it on your record.
E-Bike DUI vs. Car DUI: What’s the Difference?
Many people think a DUI is the same in every situation, but California law makes a clear split between electric bikes and cars. An e-bike case falls under the bicycle DUI rule, while a car case uses the main DUI law for motor vehicles. Here is how an e-bike DUI compares to a standard car DUI:
Table: Key differences between an e-bike/bicycle DUI and a car DUI in California.
| Aspect | E-Bike/Bicycle DUI (CUI) | Car DUI (Motor Vehicle) |
| Law | VC 21200.5 (Cycling Under Influence) | VC 23152 (Driving Under Influence) |
| Classified As | Misdemeanor (but not a regular DUI on driving record) | Misdemeanor (1st/2nd offense) or felony (if severe or repeat) |
| BAC Standard | No fixed BAC; “under the influence” means impaired ability | Illegal per se at 0.08% BAC (lower for commercial or under 21) |
| Maximum Fine | $250 | ~$390–$1,000 plus thousands in penalty assessments(first offense) |
| Jail Time | None for the bike DUI itself | Up to 6 months jail possible on first offense; higher for subsequent or injury DUIs |
| Driver’s License | No suspension (if 21+); suspension if under 21 | Mandatory suspension (e.g. 6+ months first offense); longer for repeat offenses |
| DUI School / IID | Not required (no car involved) | DUI school 3+ months, ignition interlock device often required |
| Criminal Record | Counts as a misdemeanor criminal offense | Misdemeanor or felony on record (more stigma usually) |
| Prior Offense Effect | Generally doesn’t count as a prior DUI in court for future DUI sentencing (handled separately) | Counts as prior DUI (heavily increases future DUI penalties) |
a DUI on an electric bike is treated far more leniently than a DUI in a car in terms of legal penalties. The fines and direct consequences are minor in comparison. For example, a first-time car DUI typically comes with several thousand dollars in costs, a six-month license suspension, years of probation, mandatory alcohol classes, and even possible jail time. Meanwhile, a bicycle/e-bike DUI is usually just a $250 fine and a mark on your record, with no jail or license suspension for adults.
However, don’t let the lighter penalties fool you into thinking it’s no big deal. Any DUI-type conviction can have indirect consequences. It might not add points to your DMV record, but it could appear on a background check for a job.
Do DUI Laws Apply to Electric Scooters and Gas-Powered Scooters?
Gas-powered scooters or mopeds: If you mean a small gas scooter with a seat or a moped, these are usually classified as motorized bicycles or motorcycles, depending on their specs. A moped or scooter that can go over 20 to 30 mph or has an engine above 50 cc often needs an M1 or M2 license and registration. DUI laws apply to these vehicles because they are motor vehicles.
In practice, a DUI on a Vespa or a similar scooter is handled like a motorcycle or car DUI. That means full DUI penalties, including license suspension and high fines. There is no special 250 dollar fine for motor vehicles. That smaller fine applies only to bicycles and stand up scooters under those specific statutes.
So whether it is an electric Bird scooter, a home built motorized skateboard, or a gas powered mini bike, do not assume you have a free pass to drink and ride. California has closed most of those loopholes. The law expects you to be sober when you operate any vehicle, no matter how small or quirky.
Even electric cargo bikes and other sturdy e bikes used for hauling kids or groceries are not exempt. If it is on the road, the DUI rules apply the same way they do for a regular bicycle. Always think twice before getting on any electric or gas ride after drinking.
Also, if you were to get a car DUI later, a judge might not treat you as kindly if they see you already had a run-in for cycling drunk (even if legally it’s not counted as a prior DUI). The bottom line: riding under the influence is dangerous and carries legal risks – even if those risks aren’t as severe as driving a 2-ton vehicle while drunk.
Tips to Stay Safe and Avoid an E-Bike DUI
Getting a DUI on an e-bike can be embarrassing and a hassle, even if the penalty is lighter. The bigger risk is safety, because riding after drinking can hurt you and the people around you. Use these simple tips to stay safe and out of trouble on your e-bike.
Plan Ahead if You’ll Drink
Treat an e-bike like a car when you plan a night out. If you know you will drink, set up a way home that does not involve riding. If you rode your electric bike to a bar, lock it up and take a rideshare or taxi instead of riding back while impaired. Pick it up the next day. A return trip is better than dealing with a crash or a ticket.
Know Your Limits
Alcohol slows balance and reaction time. An e-bike can feel easy because the motor helps, which can push you faster when your reflexes are dull. If you had one or two drinks, ride with extra care. The bicycle law does not use a 0.08 percent BAC line. Any clear sign that alcohol or drugs affect safe riding can lead to a CUI charge. When you are unsure, do not ride.
Use Alternatives
If the distance is short, walk your bike home. You do not get a DUI for walking it beside you. You can call a friend with a truck to pick up you and the bike. Some cities have bike taxis or services that help riders get home. You have options that do not involve pedaling while impaired.
Be Aware of Enforcement Areas
Beach towns, college zones, and busy bar districts see a lot of riders after drinking. Police in these areas often watch for impaired cyclists at night. Do not assume you will blend in because you are on a bicycle. Bike DUIs happen, especially where officers expect them.
Understand Your Rights if Stopped
If police stop you on your e-bike, stay calm and be polite. You are not required to take roadside breath tests on a bicycle stop because those rules apply to motor vehicles. You can refuse a breath test, and there is no automatic license suspension for refusing.
Refusing a test does not guarantee you avoid arrest, since an officer can act on signs of impairment. It can make a case harder to prove without a BAC number, but the smarter move is to avoid the stop in the first place.
Above all, remember why e-bikes are great. They are clean, fun, and perfect for short trips. The same way you do not want a drunk driver near your family, you do not want an intoxicated e-biker weaving through people on the street. Ride responsibly so e-bikes stay a bright spot in your community and you stay on the right side of the law.
The Letrigo Minivan SE: A Safer Way to Ride (When Sober)
Even the most stable electric bike will not protect you if you ride impaired. When you are sober, a reliable e-bike can raise your safety on the road. The Letrigo Minivan SE is a long tail electric cargo bike built for steady handling and daily chores. It uses a 750 W motor that peaks at 1,200 W and delivers 90 Nm of torque. It can carry up to 450 lbs, so groceries and school runs are simple. Expect about 40 miles of range in typical use. The solid build and large cargo platform keep the ride balanced, which helps when you carry heavy loads or passengers.
Note: Valid as of October 18 , 2025. Prices may change at any time. Click to see the latest price.
Final Word
Yes, you can get a DUI on an electric bike in California. It’s a misdemeanor with fines up to $250 (and 1-year suspension if you’re under 21). Whether you ride an e-bike, e-scooter, or electric cargo bike, don’t ride impaired—plan a sober way home and keep up with local rules to protect yourself and your record.
FAQs
Is it illegal to ride an electric bike while drunk in California?
Yes. VC 21200.5 bans riding a bicycle or e-bike under the influence on public roads. It’s a misdemeanor, even if your e-bike is pedal-assist or throttle. Expect the same stop-and-cite experience you’d get in a car, just under the bike-specific law.
What are the penalties for an e-bike DUI?
Typically a fine up to $250, no jail, and no DUI classes or ignition interlock. If you’re 21+, there’s usually no license suspension. If you’re under 21, expect a 1-year license suspension or delay. It’s still a misdemeanor on your record.
Will it show up on my driving record or affect insurance?
For 21+, it normally doesn’t add DMV points or show like a car DUI. But it is a misdemeanor, so background checks (and sometimes insurers) can see it. Under-21 suspensions do hit your driving record and can raise insurance.
Can I refuse a breath test or field sobriety tests on an e-bike?
Yes. Implied-consent rules don’t apply to bicycles/e-bikes, so there’s no automatic license suspension for refusing a PAS or field tests. An officer can still arrest based on observed impairment, so the safest move is not to ride after drinking.
Do I need a license for an e-bike or e-scooter?
E-bikes: no driver’s license required (must be 16+). Stand-up e-scooters: a license or permit is required; if yours is suspended, you can’t legally ride a scooter. You can ride an e-bike with a suspended license, but violating DUI probation by riding impaired can still land you in trouble.
