San Francisco DUI Lawyer California DMV Hearing Attorney

• Introduction
• What To Do First
• Elements of the Offense
• BAC Calculator
• Misdemeanor DUI Case
• Criminal Jury Trial
• Criminal Court Punishment
• Alternative Sentencing
• Sentencing Enhancements
• Refusal Cases
• Felony DUI Case
• Medication Cases
• Drug Cases
• Federal DUI Case
• Out-of-State Drivers
• Drowsy Driving
• Post-Conviction Relief
• Ignition Interlock Devices
• Motorcycles, Boats, Planes
  • Motorcycling DUI
  • Boating BUI
    • BUI Investigation
    • BUI Punishment
  • Flying FUI
    • FUI FAQ's
    • Reportable DUI Convictions
    • FUI Punishment
    • Special Considerations
  • Cycling Under the Influence
• California Highway Patrol
• California DUI Resources

Motorcycling DUI

In California, motorcycling under the influence of alcohol or drugs is prosecuted under the same statutes as driving a motor vehicle. A motorcyclist arrested for riding under the influence of alcohol or drugs is in a violation of California Vehicle Code Section 23152 - Driving Under Influence of Alcohol or Drugs.

DUI arrests trigger two separate cases - in California Criminal Court, and at the California Department of Motor Vehicles (DMV). Drivers face a legal labyrinth that can seem frightening. A California criminal defense lawyer with experience defending DUI cases can help drivers navigate through both the California DMV hearing and the criminal DUI court.

The California DMV case is by far the most time-sensitive issue. Unless the individual requests an Administrative Per Se (APS) hearing with California DMV within 10 days of arrest, including weekends and holidays, the Department of Motor Vehicles will automatically begin the process of suspending the motorcyclist's license.

In order to suspend a license, the California DMV need only establish by a preponderance of the evidence - the lowest standard in law - that the arresting officer had a reason to believe a crime was committed, that the arrest was lawful, and that the motorcyclist had a blood alcohol content (BAC) of 0.08 percent or more, by weight, of alcohol in his or her blood. If these three facts are proven, the motorcyclist's driver's license will be suspended.

DUI offenders riding a motorcycle face the same types of criminal DUI court punishment - fines, possible jail time, alcohol education classes, and probation. In order to obtain a DUI conviction, the prosecutor will attempt to introduce evidence that includes results of field sobriety tests, chemical test results, and driving patterns before the arrest was made.

California law enforcement officers including members of the California Highway Patrol (CHP), local police officers, or sheriff's deputies are trained to identify specific riding patterns that indicate a motorcyclist is probably under the influence of alcohol or drugs. When those patterns are observed, law enforcement officers are trained to believe that there is a 50 percent chance the motorcycle rider is intoxicated. However, that obviously means that there is a 50 percent chance that the motorcyclist is not impaired. There are many explanations for each of the so-called signs of impairment that have nothing to do with alcohol or drugs. A California criminal DUI defense lawyer will use this information to rebut the testimony of the arresting officer in court.

The most common sign of impairment that police officer look for is drifting between lanes, or instability during a turn or curve. However, this pattern could just as easily indicate that the rider is distracted or unfamiliar with the landscape.

Riders observed to have trouble mounting or dismounting are also believed to be intoxicated, because it reflects impaired coordination. However, there are many reasons other than alcohol intoxication that would give a rider trouble dismounting, including illness, injury, uneven terrain, poor coordination, or even nervousness.

Trouble balancing once the motorcycle comes to a stop is another sign police look for. Shifting from side to side or rocking in an effort to maintain balance at a stop is one indicator of a balance problem. However, there may be several reasons a rider cannot maintain balance, such as unfamiliarity with that particular motorcycle, uneven terrain, etc.

Another so-called sign of intoxication is an unsteady turn that causes a motorcycle's wheels to wobble. However, a rider must slow a motorcycle to execute a turn, which makes it less stable in an upright position. At higher speeds the gyroscopic effects of a motorcycle's wheels keep it on track as long as the speed is maintained. At slower speeds, the motorcycle is unsteady, so there is a higher probability of wobbling while turning.

Police officers also look for motorcyclists who brake during a turn instead of beforehand. Late braking is considered a sign of delayed reflexes that may stem from alcohol impairment. However, there are many reasons other than alcohol impairment that would cause a rider to brake during a turn, including unfamiliarity with the road or inexperience riding a motorcycle.

Nearly any motorcycle riding pattern, from failing to accelerate at a green light to wobbling on a turn, can be interpreted as a sign of alcohol impairment if that's what an officer is looking for. A California criminal DUI defense attorney with experience defending motorcycling under the influence cases will devise an aggressive defense that provides reasonable explanations for the so-called signs of an intoxicated motorcyclist.

Home > Bay Area DUI > Motorcycles, Boats, Planes > Motorcycling DUI