The National Highway Traffic Safety Administration (NHTSA) sponsored research that focused on motorcycle DUI – DWI indicators. These are early cues police may use to detect a non-impaired driver from an impaired driver who may be under the influence of alcohol or drugs.
Motor Cycle DUI Indicators
NHTSA’s recent studies turned up 14 indicators, as well as probability levels of certain driving behaviors being consistent with impaired or drunk driving:
I. Excellent Cues or 50% Chance Probability that a rider is impaired:
- Drifting on a curve;
- Difficulty balancing the motorcycle at a stop;
- Difficulty in dismounting the motorcycle;
- Variety of turn difficulties including sudden correction, improper lean angle, or late braking;
- Lack of attention to surroundings;
- Other unusual or inappropriate behavior including disorderly conduct
II. Good Cues or 30% to 50% Probability of rider impairment:
- Rider driving wrong way down one way street;
- Riding without headlights in the dark;
- Rider attempts to evade police;
- Failure to obey street lights or signs;
- Erratic movements of the motorcycle;
- Following too close behind other vehicles;
- Other reckless driving
DUI Motorcycle Laws and Penalties
Under Arizona Law A.R.S. 28-1381 a person may be arrested if they are driving a “motor vehicle” “impaired to the slightest degree” due to alcohol or drugs.
Under Arizona Law A.R.S. 28-101 (35) Motorcycle is defined as “a motor vehicle.”
So if a person is arrest for DUI while driving a motorcycle they would be exposed to the same charges and penalties if convicted as a person driving or car or truck or other motor vehicle.
A first time Misdemeanor DUI conviction calls for 10 jail; use of ignition interlock device (IID); fines, fees, assessment and court costs; 90 day driver’s license suspension; drug or alcohol education or screening; and probation.
Motorcycle DUI in Maricopa County, AZ
These penalties are considered some of the toughest in the county. If you have been arrested or face any type of charge for motorcycle DUI in Arizona you should always consult a criminal defense attorney before going to court, or pleading guilty to the offense. If retained, they will defend your charges, make sure your rights are not violated, and attempt to get the best possible resolution in your case.