Motorcycling Under the Influence
In most states, arrests for riding a motorcycle while under the influence of alcohol or drugs are prosecuted under the same laws as drunk driving in more traditional vehicles. Although the two types of cases are defended in a similar manner, there are subtle differences that require an attorney who is well-versed in the issues surrounding motorcycling under the influence cases. A skilled defense lawyer from www.NotDrunk.com understands the unique issues faced by motorcyclists in driving under the influence cases.
Like more traditional DUI / DWI cases, motorcyclists accused of riding under the influence may face two separate charges or a single charge comprised of two different elements. The first accusation is the “per se” element – the allegation that the motorist had a blood alcohol content (BAC) of .08 percent or greater.
The legal standard in a motorcycling per se case is the same as for other drivers – if the motorcyclist is proven to have had a BAC of .08 percent or greater, he or she risks a DUI / DWI conviction. Prosecutors typically prove this allegation with chemical tests of the motorcycle rider’s blood, breath or urine.
There are many legal challenges available to rebut the results of chemical tests in drunk driving cases. One common defense is to question whether a chemical test administered long after the rider was on his or her bike is accurate. Alcohol levels can fluctuate rapidly over a short period of time, so a motorcyclist who may have exceeded the legal limit at the police station may have been well below the legal limit while on the road.
The second element of a DUI / DWI case involving a motorcyclist is the allegation of driving or operating under the influence. Unfortunately, it’s possible to be convicted of this charge even if the rider’s BAC didn’t exceed the legal limit. This allegation involves the mental and physical condition of the motorcyclist.
Police officers are trained to identify certain riding patterns associated with being under the influence of alcohol or drugs. If these patterns are observed, police are trained to believe that there is a 50 / 50 chance the motorcyclist is intoxicated.
Obviously, this means that there is a 50 percent chance that the motorcyclist is not impaired. The so-called signs of impairment can stem from many factors that have nothing to do with alcohol or drugs. A skilled attorney will use this information while cross-examining the arresting officer in court.
Instability during a turn or curve or drifting between lanes are the most common signs of impairment that police watch. However, this type of behavior could easily show that a rider was merely distracted or unfamiliar with the roadway.
Trouble mounting or dismounting is also considered a sign of intoxication, because it reflects impaired coordination. However, there are many reasons why a rider might have trouble dismounting, including injury, illness, uneven terrain, poor coordination, or even lack of experience.
Difficulty balancing once the motorcycle stops is yet another sign police watch for in motorcycling under the influence cases. Police look for riders who shift from side to side or rock in an effort to maintain balance during a stop. But there are many reasons why a rider may be unable to maintain balance, such as unfamiliarity with that particular motorcycle, uneven terrain, etc.
Unsteady turns that cause a motorcycle’s wheels to wobble are considered another sign of impairment. However, a rider must slow down to successfully execute a turn, which makes the motorcycle less stable in the upright position. At higher speeds, the gyroscopic action of a motorcycle’s wheels keeps it on track so long as a certain speed is maintained. Lower speeds cause the motorcycle to be unsteady, so there is a higher probability of wobbling while turning.
Officers also watch for motorcycle riders who brake during a turn rather than before. Late braking is viewed as a sign of impaired reflexes stemming from alcohol intoxication. However, clearly there are numerous reasons why a rider might brake during a turn, including unfamiliarity with the road or inexperience riding a motorcycle.
The punishment meted out for motorcycling under the influence convictions are the same as in more traditional DUI / DWI cases – fines, possible jail time, alcohol education classes, and probation. In order to obtain a conviction, the prosecutor will attempt to introduce evidence that includes the motorcyclist’s field sobriety tests, chemical test results, and driving patterns before the arrest was made.
Every motorcycle riding pattern, from wobbling during a turn to failing to accelerate at a green light, can be seen as the behavior of an impaired rider if that’s what an officer is looking for. An attorney from www.NotDrunk.com who has experience fighting motorcycling under the influence cases will devise an aggressive defense that provides reasonable explanations for the so-called signs of an intoxicated motorcyclist.