Motorcycles and Pilots DUI in Fresno
In California, the law treats driving under the influence (DUI) of a motorcycle
the same as with an automobile. A vehicle, under California law is any
device by which a person or property may be propelled, moved, or drawn
upon a highway, not including those that run on a rail or track, or those
powered exclusively by humans. Vehicles under this definition include
trucks, cars, motorcycles, scooters, and mopeds.
California's DUI Motorcycle Law
The California Department of Motor Vehicles (DMV) also treats a motorcycle
DUI just like a DUI with a car. After a DUI arrest on a motorcycle, you
must still request an administrative per se hearing from the DMV so that
your driver's license will not be automatically suspended. You only have
10 days after the date of the arrest to request the hearing, or you will
forfeit your right to dispute the automatic suspension.
The penalties associated with a motorcycle DUI in Fresno and the central
valley are similar to a DUI with any other motor vehicle. Penalties can include:
- Driver's license suspension;
- Driver's license revocation;
- Jail or prison time;
- Mandatory community service;
- Fines, fees, and costs; and
- Enrollment and attendance for an alcohol/DUI education program.
Will a Fresno DUI affect my insurance rates?
Just as with a automobile DUI, motorcycle riders will have to face insurance
premium increases as the result of a DUI. A certificate known as an SR-22
filing is a special insurance document for higher risk drivers. An SR-22
is usually required for up to three years after a DUI driver has their
driver's license reinstated. This can double or even triple the cost of
Pilots with DUI Charges
Pilot's arrested for a DUI have additional obligations after their conviction.
If you are a pilot and hold a pilot's license and you have been arrested
for DUI, you have to report the DUI to the Federal Aviation Administration
(FAA). The Under the Federal Aviation Regulation 14 CFR 61.15, a pilot
is required to report the DUI arrest by sending a notification letter
to the FAA within 60 days from the date of conviction or administrative action.
However, the FAA may be notified of your arrest much earlier through shared
records. The California Department of Justice maintains a fingerprint
database, and will notify any regulating agency of the arrest of a licensee.
The National Driver's Registration (NDR) will also reveal alcohol-related
arrests aw well as convictions to the FAA. As a result of these shared
records, the FAA will likely know of your arrest within a week.
The FAA may place a pilot on probation after a DUI. Depending on the situation,
they may terminate or revoke the pilot's professional license. Failure
to disclose your DUI arrest or conviction to the FAA can result in serious
disciplinary actions. If the DUI charge is reduced to reckless driving
by the court, according to the FAA, that is not considered a reportable
event. However, any driver's license suspension or administrative action
will have to be reported.
Even a DUI expungement will not preclude a pilot from having to disclose
a reportable event. The California Vehicle Code does not counteract your
requirements for FAA disclosure.
Fresno DUI Lawyers
Whether you are facing your
first or felony motorcycle DUI offense in Fresno, Madera, Kings, Tulare, or
anywhere in the Central Valley, you don't have to plead guilty. A conviction
will impact your right to ride.
contact Wapner Jones P.C. at (559) 257-4707 to schedule a consultation.