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.

Los Angeles Office
5900 Wilshire Boulevard, Suite 2600
Los Angeles, California 90036
Phone: (323) 655-3900
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San Diego Office
12707 High Bluff Drive, Suite 200
San Diego, California 92130
Phone: (760) 942-0069
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Client Reviews
I can't begin to thank Mr. Hoffman enough for his extensive efforts throughout the entire case. He went absolutely above and beyond throughout the entire process. From day one he was immediately actively pursuing ways to prevent my case from ever going to court and once that was no longer an option, actively began working on getting the case ultimately dismissed. His communication was consistent and reassuring, despite my frantic worries all the time... Micaiah Botts
My family and I simply owe our life and future to Ron Hoffman. If you are looking for a lawyer that goes above and beyond the call of duty you can't find a better lawyer than Ron. He took my case head on from the moment I called his office. I was involved in an accidental hit and run where I was unaware of the injury. Every step of the way, Ron guided me through an almost two year long investigation and court settlement process and was constantly by my side through out every crossroad... Bill Martin
Ron Hoffman and his staff were Fantastic when dealing with such a serious issue of DUI. When I first Called Ron I was very nervous and worried for my daughter and her freedom. She had a failure to appear on top of her DUI and I knew just how bad this could be. Ron was able to immediately put me at ease and gave me the confidence that there was hope and a light at the end of the tunnel. Ron was able to get the failure to appear dismissed and also no jail time for my daughter... Claude Brown
I have been working with Mr. Hoffman for over 11 years. I have seen first hand his genuine dedication to his clients, and how his experience, knowledge and passion have gotten clients fantastic results. He treats each of his clients as his only client, and takes the time to develop detailed strategies and defenses for each individual case. I have never hesitated to refer Mr. Hoffman to anyone who has asked me for a good Criminal Defense attorney. He is a fantastic attorney!... Neeta P.
I had a DUI issue recently. I have never had a problem with the law as serious as this one. I did panic a bit after and knew I had to get a lawyer to help my future. I researched the Web and read the reviews for awesome DUI Lawyers. Hiring a lawyer can be intimidating. Ron's 30 years experience and step by step guidance helped me with my case. Jonie was amazing with keeping me calm. Ron Hoffman is a great lawyer and I would refer any friends or family to him... Manuel Gomez
Ron was so accommodating and professional. With a Firm like his you wouldn't expect him to be as accessible, but he immediately returned phone calls, was easy to communicate with and was very sympathetic to my situation. He went above and beyond and was able to get a better result than I'd hoped or expected. I highly recommend Ron Hoffman and his firm. He made a difficult and anxiety fueled process bearable and made me feel safe. He is a lovely man. One does not wish to need a criminal attorney, but if you do need one, Ron's the guy to call... Teri A.
Ron and his team were the perfect pairing for what I needed taken care of. Every step of the way he was extremely helpful and informative (not his first rodeo). His work ethic and attitude were exemplary and it showed with the results of using his services. I would recommend anyone I know to give Ron a call if they need help in his realm of expertise. Many thanks Ron and associates!... Donald N.
I didn't hire a lawyer for my first DUI... What a mistake! Ronald goes above and beyond with his art and knowledge of custom strategy according to your case. lawyer of the year (every year)... Adam R.
I hate lawyers. They are hard to get a hold of, greedy and unreliable. Ron is the opposite of all these things. He deserves 6 stars, and I very much recommend him. He helped me through my case with nothing but kindness, understanding, and knowledge and eventually got it dropped. Thanks for everything Ron!... Avi Z.