California Driving Under The Influence While Riding A Motorcycle
In California, Vehicle Code 23152 applies to those found driving a motorcycle while impaired. This section of the Vehicle Code makes it illegal for anyone to operate a motor vehicle under the influence of alcohol or drugs. Anyone proven to do so in a court of law will be found guilty of a DUI and sentenced according to guidelines that are set by legislation. Riding a motorcycle requires complex skills that are very demanding of the driver, and impaired judgment is more dangerous on a motorcycle.
A motorcycle is considered to be a vehicle as defined in the code as "a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.” Just as with automobiles, motorcycle driver impairment is a serious problem. Statistics show that motorcycle drivers in fatal crashes had higher intoxication rates than drivers of other vehicles.DUI Laws in California
Someone who is charged with driving a motorcycle with a blood alcohol level of .08% or higher will face the same potential sentence as someone charged with driving an automobile while intoxicated. In California, it’s illegal to operate a motor vehicle under the following circumstances:
- Blood alcohol content 0.08% or higher if you are over 21 years of age and driving a regular passenger vehicle, which would include a motorcycle.
- Blood alcohol content 0.04% or higher if you are operating a commercial vehicle.
- Blood alcohol content 0.01% or higher if you are younger than 21-years old.
The same California DUI laws prevent drivers from operating a car or motorcycle while under the influence of medications (prescription or over-the-counter) or illegal drugs.
In California, you only have 10 days after being arrested for DUI to request an administrative hearing from the DMV. If you miss this deadline, your license will automatically be suspended. Similar to a DUI involving a car, this hearing will determine the status of your driving privileges.DUI on a Motorcycle? We Can Help
For more than 30 years, the skilled DUI attorneys at Hoffman & Associates have successfully defended hundreds of clients arrested for DUI. Our understanding of the serious nature of DUI charges and conviction, and the impact it can have on your life, results in a strong defense of your rights and reputation. We can represent your interests and protect your rights during the DMV administrative hearing, as well as in the courtroom.
Depending on the specific facts and circumstances of your case, consequences for a DUI arrest while operating a motorcycle may include jail time, community service, fines and rehabilitative treatment. If you are convicted of DUI, it will stay on your driving record for 10 years. The DUI defense attorneys at Hoffman & Associates will review all evidence and facts of your case and help you understand what options you have. We offer a consultation, which you can schedule over the phone or via our web site.
If you or someone you know has been arrested for DUI, speak with a knowledgeable defense attorney at Hoffman & Associates.