DUI Motorcycle in Arizona

dui motorcyle There is no doubt that drinking and driving is not a good idea. Though the number of drunk driving incidents in the state are only a fraction of the total accidents each year, they are a leading cause of fatal and injury crashes.

Many people, though, seem to have a misconception about motorcycles when it comes to drinking and driving. They mistakenly think that they have less of a chance of getting a DUI on a motorcycle than if they are driving a regular passenger vehicle.

We want you to be aware that in the state of Arizona, there is no difference between drunk driving charges between a regular vehicle and a motorcycle. A person will face the same penalties regardless of which one they are on. Not only that, but a person who is driving a motorcycle while impaired is placing themselves in serious danger. According to the state Department of Transportation, there were 154 motorcycle DUI crashes during the latest reporting year. While that number may not seem like much, be aware that 44 of those crashes resulted in a fatality.

What Are Those Penalties?

We have discussed Arizona’s DUI penalties at length in the past, but here is a brief overview:

  • There is a difference between Standard DUI charges and Aggravated DUI charges. There are factors that can raise a Standard charge to Aggravated, such as damages and injuries caused by the person accused of DUI.

Please note that Standard DUI charges range in severity depending on the BAC at the time of the arrest and whether or not this is a second offense. A Standard DUI can turn into an Extreme DUI or Super Extreme DUI charge based on BAC.

Standard DUI (BAC above .08%)

  • 10 days jail time
  • $1,500 fine
  • 90 license suspension
  • Interlock device for 1 year
  • Alcohol evaluation/treatment program

Aggravated DUI (1st Offense – Class 4 Felony)

  • 4 months to 3.75 years in prison
  • $4,500 fine
  • 3-year license revocation
  • Interlock device for 2 years
  • Alcohol evaluation/treatment program
  • SR-22 high-risk insurance
  • Supervised probation
  • Possible community service

But What About Mopeds?

We get a bunch of questions about whether or not a person who loses their license can drive a moped or whether or not they can get a DUI charge while operating a moped. Let’s turn to the actual law for a moment:

A.R.S. 28-1381 (A)(1) says that it is unlawful for a person to drive or be in actual physical control of a vehicle in this state while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance, or a combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.

The state does not define what a vehicle is in the statute and we want you to know that you can get a DUI while operating a moped. Any vehicle that can go up to and over 25 mph and has 1.5 braking horsepower must follow all state laws, including being registered with the state DMV.

Just like operating a motorcycle, it is not a good idea to get on a moped after consuming alcohol.

What You Can Do Now

If you have been arrested and charged with driving under the influence of alcohol or drugs on a motorcycle, or any other vehicle, you need to form a plan of action. Your first step needs to be to secure a skilled DUI defense attorney who will investigate your case and vigorously defend the charges against you so you can get back on track.

Click here for information on Arizona drug DUI laws and how the police prove a drug DUI.