Just as in a car, you can get a DUI while riding a motorcycle.
In Southern California, motorcycles are incredibly popular. With temperate weather, it is possible to ride a motorcycle nearly year-round in this area of the state. Choosing a bike over a car also can help you get through traffic more easily and reduce your fuel emissions. For some people, a motorcycle is a good choice simply because it is fun to drive.
This brings up an important question: do California’s driving under the influence (DUI) laws apply to motorcyclists? If so, are there any differences in DUI law for motorcycle drivers? Understanding how these laws apply to motorcyclists is important to keep yourself safe — and prevent an arrest for driving under the influence of alcohol and/or drugs.
California law makes it illegal to operate any vehicle under the influence of drugs or alcohol. The law further defines a vehicle as a device that can move a person or property upon a highway, other than those propelled by human power or upon rails/tracks. This definition makes it clear: a motorcycle is a vehicle. According to a Kern County DUI defense attorney, not only can you get a DUI while on a motorcycle, but the same laws apply to motorcyclists as to drivers of all other vehicles.
If you are driving a motorcycle, you could be stopped and arrested on suspicion of a DUI if your blood alcohol concentration (BAC) is above the legal limit (.08% for most drivers), OR if your driving is impaired by drugs or alcohol to an extent that you are unable to drive with the care of a reasonable sober person. A law enforcement officer can stop you if they have probable cause that you are driving under the influence.
One of the challenges facing motorcyclists is that it may be easier for a police officer to claim that they have probable cause to stop you because they can see you more clearly and observe your behavior. For example, if your balance is off while you are stopped at a light, a law enforcement officer may take that as evidence that you are under the influence. If you have an issue getting on or off your bike, that may also be “proof” that you are driving under the influence. Once you have been stopped, an officer can then investigate further to determine if there is cause to arrest you.
You have the same rights at a DUI stop while on a motorcycle as you would if you were in a car. Unless you are under the age of 21 or currently on DUI probation, you can refuse to take a preliminary or roadside breathalyzer test. You also can and should refuse to perform field sobriety tests. This type of evidence can be used against you in a later DUI case — which is why a Kern County DUI defense attorney generally recommends refusing to take the field sobriety test and roadside breathalyzer. Note that if you are under 21 or on DUI probation and refuse the preliminary breathalyzer test, you may face additional consequences; talk to a lawyer to determine the best course of action if you are in one of these two situations.
Riding a motorcycle is fun, but it can also be dangerous — especially if you are under the influence. At the Chambers Law Firm, we urge you to avoid impaired driving at all costs, particularly if you are driving a motorcycle. If you are arrested for a California DUI on a motorcycle or in any other vehicle, we can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
