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BUI in California

Posted in General by Bes on Dec 03, 2005

My friend David recently told me about BUI, similar to a DUI. On a campus like UC Davis where my friend goes, this rule applies to everyone who drinks and ‘bicycles’ their way to their room. A bike is as dangerous as a car in the eyes of the law. I guess the impact of a car going at 65 miles per hour is as scary as the impact of a bicycle being cycled at 0.1 miles per hour.

I’d never heard of such a thing before, and it’s really funny when you think about what it means. You cannot be on a bike, whether it’s a bicycle with 2 wheels [or 4, for those of you still learning to ride a bike at a university, ahem], when you’re drunk. The California Vehicle Code section 21200.5 states the following:

California Vehicle Code section 21200.5:

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.

So, we can’t ride a bicycle on a highway, according to the above code. No big deal; who in the world rides a bicycle on a highway, right? Hmmm, as you may have noticed, every term in the legal system is meant to be complex. I looked up the definition of the word “Highway” on the official State of California website, and according to the DMV vehicle code 360, a ““Highway” is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.

That’s interesting: any street is a highway. Well, the small alleys and any paths that can’t have a vehicle on it, are then safe to be drunk on and bicycling, right? Hmmm, to find out the answer to that question, let’s look at the term “Vehicular travel”, used above to define a highway. This word is very interesting; what’s considered a vehicle to be used for travel? The DMV defines the word “vehicle” as “..a device by which any person or property may be propelled, moved, or drawn upon a highway…

Thus, a highway is a path which can accommodate vehicles, and a vehicle is a device which can go on highways. Whoever said the legal system is supposed to go round and round in circles was a moron, no? Thus, if you use your lawnmower as a way to move around, the lawnmower is a vehicle. If you do use a lawnmower to move around even when you’re not drunk, you may be arrested, so please don’t try it.

That’s what can happen when you decide to drink and drive, or bike, in California. How about your place? Does it have anything similar? Have you ever been drunk, or noticed anything like the above? What’s better in your view: getting cited for DUI, BUI, LUI, SUI, or very soon, WUI?

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7 Comments to “ BUI in California .” Please leave a comment below, thank you.


  1. Chau :

    Hahaha, yeah, I’ve actually heard of BUI. I think I first heard it at UC Davis, when we went to visit there. LOL.


  2. Bes :

    Heh, that’s funny. Most of the other places have roads and the buses nearby, so one can skip taking a bicycle. But Davis seems to be a bit far from the main transportation system [like highways or the bus/train system], so taking a bike would seem more logical to go to nearby distances than waiting to take a train or even the bus.


  3. Not The Person In Charge :

    I like your suggestions. I think I will try to implement these LUI, SUI, and WUI ideas. Thank you for your input.


  4. David :

    Hmm….
    So a ‘vehicle’ is something that moves people or objects, and a ‘highway’ is anything that a ‘vehicle’ uses. So technically…if you walk around drunk, it’s quite legal to get arrested for a WUI under this law and these definitions. That’s pretty twisted.


  5. Jersey Gal :

    Heehee, well, New Jersey state law states that it is illegal for minors to obtain alcohol, but if it mysteriously appears in your hand, it’s okay. It’s also okay if you’re drunk. You can get arrested for attempting to obtain alcohol, but not for being drunk. Hmmm..


  6. sawai :

    Never heard of BUI in our part of the world.

    I think WUI is already not allowed. If the cops find a drunk walking the streets especially at night, he is taken to the police station immediately.

    LUI, SUI… :lol: … I wont be surprised if there is a law prohibiting LUI and SUI in another 10 - 15 years… :wink:


  7. Bes :

    Not the person in charge — > Np.

    David — > Yes, it’s quite easy to get arrested under those terms even if you’re walking in an open garden or a parkway or anywhere at night, whether or not it’s next to your home.

    Jersey Gal — > Hmmm, that’s interesting. It’s really easy, in my view, to get your hands on alcohol, no matter what age you are [not if you're 2 years old, however, in which case it's not easy, but not impossible either :p].

    Sawai — > Yes, WUI is already a cause for concern for many. Heh, yes, maybe soon we will see such things being prohibited.

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