DUI Defense for Motorcycle Riders Stopped on San Bernardino’s Scenic Highways

Are Motorcycles Considered More Dangerous Than Passenger Cars?

Although other drivers cause many motorcycle accidents, that does not change the fact that it is considerably more dangerous to ride motorcycles than to drive most passenger cars. According to the National Highway Traffic Safety Administration, motorcycle riders are nearly 27 times more likely to suffer fatal injuries in traffic accidents than occupants of most motor vehicles. While motorcycles account for roughly 3% of all traffic on the roads, they also account for nearly 14% of auto accident fatalities. Among traffic fatalities involving DUIs, motorcycles have a larger share than most other types of automobiles, making up 28% of all DUI fatalities. In contrast, most other vehicles account for 23%.

California ranks among the 15 most dangerous states in the country for motorcycle fatalities. In these deadly accidents, alcohol and drug use are considered significant contributing factors to these numbers. Other contributing factors include dangerous driving, lane splitting, and unsafely weaving through traffic.

Motorcyclists practicing defensive riding can minimize accidents, serious injuries, and death risks. Recommended tips for motorcyclist safety include always wearing safety gear, maintaining a safe distance from other vehicles, staying alert and focused, attempting to be as visible as possible, and planning routes.

What Signs of Impairment Do Police Officers Look for When Making a Traffic Stop?

Police officers look for cues that indicate impaired motorcycle operation. Examples include the following:

• A motorcycle drifts during a turn or soft curve
• A motorcycle rider has trouble balancing while at a stop or a red light
• Dangerously weaving in and amongst traffic
• Delayed or late braking
• Erratic attempts at evasion
• Erratic movements while driving in a straight line
• Motorcyclists who are inattentive to their surroundings
• Operating a motorcycle without lights at nighttime
• Recklessness or aggressive driving
• Riding a motorcycle on the wrong side of the road
• Running stoplights or stop signs
• Tailgating or following too closely
• The motorcyclist has trouble dismounting their bike
• Unsteady turning, sudden corrections, or improper lean angles
• Unusual behavior, such as disorderly conduct, urinating at the roadside, or dropping objects from the motorcycle

There may be perfectly valid reasons why a motorcycle rider could appear to be riding erratically even if they are not impaired by alcohol or drugs. Improperly maintained streets, road debris, and other motorists can cause motorcyclists to appear to drive erratically to avoid potential accidents.

Can You Get a DUI Charge for Riding a Motorcycle Under the Influence in California?

The same DUI laws apply to motorcycles as to other vehicles in California. Under state law, it is illegal to operate any vehicle under the influence of alcohol or drugs. The legal definition of vehicles includes motorcycles.

DUI laws that apply to motorcyclists include, but are not exclusive to, the following:

• A first-time offense can result in motorcycle driver’s license suspension, fines of up to $1000, and up to six months in jail
• If someone was seriously injured or killed due to your driving under the influence, you may face felony charges and a lengthy prison sentence
• Law enforcement officers do not need to prove that you were under the influence in order to arrest you
• Police officers can pull you over for probable cause
• Repeat motorcycle DUI convictions can result in harsher penalties, including up to a year in jail and a two-year license suspension

Suspicious behaviors can lead to police officers believing they have probable cause to make a traffic stop. In comparison to most other motorists, the police may have additional opportunities to find probable cause with motorcycle riders, in part because the rider’s behavior is easier to see.

What Are the Legal Consequences for a Motorcycle DUI in CA?

A motorcyclist’s penalties for drunk driving are the same as the legal consequences reserved for other drivers in California.

First-time DUI offenses can result in costly fines, a suspended license, required attendance and DUI school, community service, and possible jail time.

Those with subsequent DUI convictions may face additional penalties, including increased jail time and more costly fines. In addition, if your DUI case involves personal injury or a fatality, you will also face additional penalties.

You must seek professional legal representation from experienced criminal defense attorneys when charged with a DUI. Our San Bernardino law firm has extensive experience representing clients in DUI cases. We would be proud to represent your legal rights and pursue the most satisfactory outcome of your case.

Is There an IID Option for Motorcycles?

In California, many judges require the installation of ignition interlock devices (IIDs) on vehicles to prevent repeat DUI offenses. When an IID is installed in a motor vehicle, the driver cannot start the car without successfully breathing into the IID and providing an alcohol-free breath sample.

Ignition interlock devices present complications when installed on motorcycles, so California has not yet certified a device that is considered effective for motorcycle use. We should expect these devices to become available in the coming years. For now, California motorcyclists convicted of driving under the influence are not given the same option to install an IID.

What Are Your Legal Defense Options When Facing Motorcycle DUI Charges?

Most of the legal defense strategies available to motorcyclists accused of DUI offenses are the same or similar to those for other motorists.

Examples include the following:

• Alerting the courts to a medical condition that could impact your ability to perform sobriety tests or result in false positive results in a blood or breathalyzer test. Such conditions include diabetes, acid reflux, and more. An experienced DUI attorney will know how to use your health condition to help defend your case
• Breathalyzers can detect blood alcohol concentration in a person’s blood. However, these breath test devices can result in inaccurate readings. They may be thrown off by things as simple as the temperature outside and the test subjects’ medical conditions. Your attorneys will question the breathalyzer results in an attempt to raise reasonable doubt
• Evidence must be properly processed and stored per legal standards to prevent contamination or misinterpretation. Your attorneys may raise questions about the handling of important evidence
• One of the most common legal defense strategies for a DUI charge is to challenge the legality of the traffic stop that resulted in the DUI arrest. Police officers in CA must have reasonable suspicion that you were driving under the influence, committing a crime, or committing some other traffic violation before they are allowed to pull you over. If no legal justification can be provided for making the traffic stop, any evidence gathered after the stop may be rendered inadmissible
• Your DUI defense lawyers may contest the results of field sobriety tests. These tests are designed to assess your coordination and balance, but there are many reasons to doubt the accuracy of the test results

If you have been arrested or charged with drunk driving in California, you must seek professional legal counsel from an experienced DUI attorney. Please get in touch with our San Bernardino law office to schedule your free case consultation with our legal team today.

Schedule a Free Case Evaluation with Our DUI Defense Attorneys Today

Motorcyclists are often forced to deal with unfair systemic biases against them by insurance companies, judges, and the public. A motorcyclist must retain legal representation to defend their rights when involved in an accident or an arrest.

Our California law firm has years of experience representing clients in complex DUI cases, including motorcyclists who have been charged with driving under the influence on San Bernardino’s highways. To learn more about our legal services and how we may be able to assist you, don’t hesitate to get in touch with our law office to schedule a free consultation with our attorneys today.

Call us at 909-500-4819.