Driving under the influence (DUI) is defined as operating a motor vehicle while impaired with a blood alcohol content (BAC) of 0.08% or higher, a chemical substance, or a controlled substance. Those under 21 years old will be charged with a DUI if their BAC is 0.02% or over and commercial drivers will be charged if their BAC is 0.04% or over.
The penalties for getting a Driving Under the Influence (DUI) on a motorcycle in Florida are very severe, and similar to those that you would get if you were charged with a DUI in car, truck, or another automobile. In this article, we will look at some of the most common motorcycle DUI penalties in Florida.
First Conviction Penalties
In Florida, complying with breathalyzers or field sobriety tests is mandatory. Failing to do so can result in an automatic yearlong license suspension.
In addition, there is a “zero tolerance” policy for drivers under the age of 21. Any driver under 21 with a BAC of over .02 will have their license suspended for six months.
A few of the penalties for the first DUI conviction may include:
- Fine – $250-$500;
- Community Service – 50+ hours, or as is recommended by a judge;
- Probation – At least 1 year of probation is typical for motorcycle cases;
- Imprisonment – Imprisonment is uncommon for first-time offenders unless they kill or injure a bystander; however, a sentence of up to 6 months in prison may still be issued by a judge. If you have an aggravating factor, such as having a minor on your motorcycle and you have BAC of over .08, you may get up to 9 months imprisonment
- License Revocation/Suspension – 180 days minimum of license suspension;
- DUI School – All individuals convicted of DUI must attend a 12-hour DUI school program.
Multiple DUI Penalties
If you get more than one DUI on your motorcycle, the fines and penalties can increase steeply. Second DUI offense fines can range from $1000.00-$4,000.00, 9 months of imprisonment, 21 hours of DUI school, and a minimum of 180 days of license revocation.
In addition, anyone convicted of 2 DUIs must have an ignition interlock device installed on their motorcycle. This device will prevent the motorcycle from being operated when the rider has consumed alcohol and will stay in place for a minimum of 1 year.
Third DUI offenses carry potentially steeper fines and prison sentences if the driver shows a reckless disregard for motoring laws and the safety of others.
Have You Been Injured by A Drunk Driver on A Motorcycle? Contact Us Today!
If you or someone you love has been involved in an accident – whether riding with someone who was drunk on their motorcycle, or being hit by a drunk motorcycle operator – contact Marsalisi Law now.
We have years of experience as Florida personal injury attorneys – and we can help you get the compensation you deserve if you have been involved in a case with a drunk or intoxicated motorcycle operator. St. Peterburg DUI accident attorney Frank Marsalisi has a strong dedication to his community. While in law school, Frank would return home to serve his community as a law clerk, assisting in the representation of clients with cases related to personal injury, discrimination, and real estate disputes.
Contact us today, and see what we can do for you. Remember, Marsalisi Law is Where Law Gets Personal!