It depends on what you were riding. On a regular bicycle, California doesn't charge a standard DUI. There's a separate, lesser offense. On a motorized scooter, you can be hit with a full DUI under the same law that covers cars.
For bicycles, the law is Vehicle Code 21200.5, "cycling under the influence." It's a much lighter charge than a driving DUI. The typical penalty is a fine rather than the jail exposure, long probation, and DUI school that come with a 23152 case. Your driver's license generally isn't suspended for it either, since you weren't driving a motor vehicle. It's still a criminal offense, so it's not nothing, but it lives in a different and softer category.
Motorized scooters are where people get caught off guard. A gas or electric scooter, including the rideshare scooters all over San Diego, can qualify as a motor vehicle. Ride one drunk and you can face a standard DUI under Vehicle Code 23152, with all the consequences that come with it. The exact treatment can vary by the type of device and how it's classified, which is one reason these cases are worth fighting.
Either way, an officer still has to have justified the stop and gathered valid evidence, and those points can be challenged.
For how DUI charges get defended generally, see our first DUI page or what is a DUI in California.
Cited on a bike or scooter? Call (858) 622-7280 or visit our contact page.
This is general information, not legal advice, and every case is different.