It’s the perfect time of year in Florida to break out the motorcycles and go for a ride. But, it’s also the time of year for graduation parties, holidays, cookouts, and family gatherings, where it’s more common to consume alcoholic drinks. Our DUI lawyers in Jacksonville understand the challenges that motorcyclists face when they’ve been charged with driving under the influence.
Unlike drivers of passenger vehicles, motorcyclists are exposed to harsher realities on the road. Additionally, they face more difficult court processes, too. Let’s explore what motorcyclists need to know about DUI laws in Florida, the risks involved, and how they can maneuver through the legal system.
Understanding DUI Laws for Motorcyclists
DUI charges are the same for both motorcyclists and passenger vehicle drivers but the impact can be quite different. In Florida, the legal limit for blood alcohol content (BAC) is 0.08%. This limit applies to drivers of any vehicle on the road. However, since the risks of operating a motorcycle on the road are higher, or more dangerous than other vehicles. The consequences of being caught under the influence may also be higher.
Penalties for Motorcycle DUI in Florida
Motorcyclists charged with a DUI can face fines of up to $1,000. They also are at risk of license suspension up to one year and/or up to six months of jail time. Typically, serving 50 hours of community service combined with completing a DUI substance abuse class are stipulated requirements for DUI charges. Additionally, if the first and second DUI offenses happen within five years of each other, a 10-day jail term is mandatory. Read more details and specifics on penalties in FL state statutes.
Legal Defenses for Motorcyclists
Some of the common defenses that may apply to motorcycle traffic stops include:
- Improper Stop. Any vehicle, including motorcycles, can be subjected to a stop at any time. That being said, law enforcement must have legal reasons in doing so. A driver cannot be stopped on suspicion only.
- Inaccuracy in Sobriety Testing. In fact, FSTs (field sobriety tests) can be challenging for motorcyclists. This is because the physical demands and balance issues of riding can have nothing to do with consumption of alcohol.
- Blood Alcohol Content (BAC) Testing Issues. It is critical to guarantee that the test was taken during the time when the BAC level of the driver actually represented the real condition of the driver while driving. BAC may not be the only thing to look into for a prosecutor in such cases.
- Evidence from Helmet Cam or Body Cam. If there is any available footage from a helmet cam or a body cam, then it can potentially be used as evidence. This footage would show the motorcyclist’s behavior and performance during the stop. This can benefit the motorcyclist if they feel they were wrongfully stopped or wrongfully accused.
What Should You Do If Charged?
If you have been charged with a DUI while operating a motorcycle, it is important that you immediately seek experienced legal help. A DUI lawyer in Jacksonville who understands both the nuances of DUI law and the specifics of motorcycle operation will be best equipped to deal with your case. Remember, a DUI charge does not automatically lead to a conviction. With the right defense strategy, it is often possible to reduce the charges or even secure a dismissal.
Talk With Expert DUI Lawyers in Jacksonville
Operating a motorcycle bears a sense of freedom, but also carries significant responsibility. Having knowledge of the implications of DUI laws and how they apply specifically to motorcyclists can be a critical factor in court decisions. If you are a motorcyclist living in Florida, be sure to stay safe, ride responsibly, and know that legal help is available should you need it.
**For more guidance or to discuss a specific case, please feel free to contact our office.