California "Motorcycling Under the Influence" Laws

Riders be aware: California DUI charges apply to you, too...

All California DUI offenses apply to drivers in automobiles and motorcyclists equally. The most common charges for California motorcycling under the influence include 23152(a) VC (California DUI: general driver impairment due to drugs and/or alcohol), 23152(b) VC (California DUI: driver blood alcohol concentration .08% or more), and 23140 VC (California DUI Under 21: driver under 21 blood alcohol concentration .05% to .07%).

Furthermore, where an intoxicated motorcyclist becomes involved in an accident that injures or kills another person, he or she could be charged with more serious crimes like California DUI causing injury, California vehicular manslaughter, and even California DUI murder.

The same traffic violations that can get a driver pulled over for DUI- such as speeding, "rolling" stop signs, and failure stay in a lane- can get a motorcyclist pulled over, too. However, our Los Angeles DUI Lawyers advise riders that law enforcement also looks for particular signs that motorcyclists may be intoxicated. Those include trouble mounting one's bike, poor balance at a stop, and "late braking" during a curve. A California motorcycling under the influence arrest gives rise to an automatic suspension of one's driver's license by the California DMV, unless the rider reserves their right to challenge the suspension within ten days of the DUI arrest. The penalties of a court conviction typically include some combination of county jail time, fines, and alcohol education classes.

Our Los Angeles DUI Lawyers use many of the same successful strategies to fight a DUI charges related to motorcycling that we use with charges related driving a car. That includes challenging law enforcement's justification for the stop, as well as unreliable breath and/or chemical test results. Furthermore, the "particular" signs of an intoxicated motorcyclist that law enforcement looks for each have alternative explanations that do not involve alcohol or drug impairment. People charged with DUI while riding their motorcycles should not assume that law enforcement has an open and shut case. They should consult with a Los Angeles DUI Lawyer familiar with these instances who can help them keep their drivers licenses and a clean criminal record.