Cycling Under the Influence – NRS 202.595

Overview

Cycling under the influence (CUI) is a serious offense in Nevada, defined under Nevada Revised Statute (NRS) 202.595. This law addresses the operation of bicycles while impaired by alcohol or drugs, recognizing that such behavior can endanger not only the cyclist but also other road users. Understanding the legal implications of cycling under the influence is crucial for anyone who rides a bicycle in Nevada.

Definition of Cycling Under the Influence

Under NRS 202.595, a person is considered to be cycling under the influence if they operate a bicycle while:

1. Impaired by Alcohol or Drugs: The individual has a blood alcohol concentration (BAC) of 0.08% or higher, or they are under the influence of a controlled substance or any substance that impairs their ability to operate the bicycle safely.
2. Endangering Others: The cyclist’s impairment poses a danger to themselves or others on the roadway.

Legal Requirements for Prosecution

To secure a conviction for cycling under the influence under NRS 202.595, the prosecution must prove the following elements beyond a reasonable doubt:

1. Operation of a Bicycle: The accused must have been operating a bicycle at the time of the alleged offense. This includes traditional bicycles, electric bikes, and any similar vehicles designed for human propulsion.
2. Impairment: The prosecution must establish that the cyclist was impaired due to alcohol or drugs, affecting their ability to safely operate the bicycle.
3. Public Roadway: The offense must have occurred on a public roadway or path where the operation of bicycles is permitted.

Related Offenses

Cycling under the influence is related to several other offenses, including:

• Driving Under the Influence (DUI) – NRS 484C.110: While this primarily applies to motor vehicles, the legal standards for impairment are similar.
• Reckless Cycling – NRS 484B.653: Involves operating a bicycle in a manner that poses a danger to others.
• Open Container Violations – NRS 484B.150: Involves possessing an open container of alcohol while cycling.

Examples of Cycling Under the Influence

To better understand how NRS 202.595 applies, consider the following examples:

• Example 1: A cyclist is stopped by law enforcement while riding home after drinking at a bar. The officer determines that the cyclist has a BAC of 0.10%. The cyclist can be charged with cycling under the influence.
• Example 2: A rider is found swerving on a bike path and is suspected of being under the influence of drugs. Upon further investigation, it is revealed that the cyclist had taken prescription medication that impairs their ability to ride safely. This situation can lead to charges of CUI.

Penalties for Cycling Under the Influence

The penalties for cycling under the influence under NRS 202.595 can vary based on the circumstances:

• Misdemeanor Charges: Cycling under the influence is typically charged as a misdemeanor, which may result in:
  • Fines: Up to $1,000.
  • Imprisonment: Up to 6 months in jail.
• Subsequent Offenses: For repeat offenders, penalties can increase significantly. A second offense within seven years may lead to higher fines and longer jail time.

Defenses Against Cycling Under the Influence Charges

If you are facing charges related to cycling under the influence under NRS 202.595, there are several potential defenses to consider:

1. Lack of Impairment: Demonstrating that the cyclist was not impaired at the time of the stop can be a strong defense. This may involve presenting evidence such as performance on sobriety tests or BAC results below the legal limit.
2. Improper Stop: If law enforcement stopped the cyclist without probable cause, this could lead to a challenge of the legality of the stop and any subsequent evidence gathered.
3. Insufficient Evidence: The prosecution must provide sufficient evidence that the individual was indeed cycling under the influence. If the evidence is circumstantial or weak, it may lead to a dismissal of charges.
4. Medical Conditions: If the individual has a medical condition that mimics impairment or affects their ability to perform tests, this may also serve as a valid defense.

The Importance of Legal Representation

Navigating the complexities of cycling under the influence charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling DUI and related cases equips him to provide a robust defense against charges under NRS 202.595.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and his deep understanding of Nevada’s legal landscape make him a strong advocate in cases involving cycling under the influence.

Understanding Your Rights

If you are accused of cycling under the influence, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against charges of cycling under the influence under NRS 202.595 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.