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    drunk driving

    Motorcycles and Arizona DUI

    Motorcycles and Arizona DUIThis blog talks at length about driving while impaired, but to this point, we have only mentioned automobiles in relation to DUI and DWI.  We have not discussed motorcycles and Arizona DUI.  And, speaking of that, there is actually an organization known as B.A.D.D. – Bikers Against Drunk Drivers.  According to their website, B.A.D.D. has over two million members worldwide.  This organization not only works to increase awareness of the dangers of drunk driving, they also participate in philanthropic efforts directed at helping people and families who have been affected. And that is all to the good, in my opinion.

    To turn this discussion in a different direction, though, what happens to you if you are stopped while riding a motorcycle, on suspicion of DUI?  Are the laws and penalties for motorcycles and Arizona DUI the same as those for driving an automobile?  Well, in the state of Arizona, you must apply and take tests before you can receive your motorcycle driver’s license with its Class M designation. As with cars, you must be 16 and have completed instruction, following the state laws for licensing drivers. This is particularly important, because, as the Arizona Department of Highway Safety reminds us, motorcycles are more difficult to operate than cars, and require mastering different skills.  Also remember, the motorcycle license carries the same “implied consent” provision that means you must submit to a blood, breath or urine test if you are brought in on suspicion of DUI.

    Now, back to motorcycles and DUI.  You can look online for Arizona news stories about motorcycle crashes, chases and other accidents that resulted in DUI charges, and you’ll find them. So what do the laws say, exactly? The Arizona Revised Statute 28-892 specifically addresses the legal aspects of riding motorcycles and all-terrain vehicles.  But in terms of DUI laws and penalties, Arizona Revised Statute 28-1386, is entitled (in part):  Operating a motor vehicle, aircraft, watercraft or water skis under the influence.  The bottom line is that a motorcycle is a motor vehicle. Arizona DUI laws and penalties apply the same to the driver of a motorcycle as they do to the driver of an automobile.

    Whatever type of motorized vehicle you drive, if you need help with a DUI-related issue, get in touch with Zachary Law Group.  We offer a FREE 30-minute case evaluation, to help provide answers to your questions and concerns. When we take on your legal problem, we do everything we can to “Zach-It”!  You can reach us any time, at 1-855-Zach-law.

    More DUI technology for human consumption

    Home Lab Test Though I focus on DUI defense, I applaud every preventive effort that goes toward keeping impaired drivers off the road.  For example, I’m fascinated with the portable testing devices for breath alcohol levels.  They’re compact, one has a smartphone app, and one goes on a keychain, presumably next to the car keys.  These products have a terrific premise.  If you consume alcohol and wonder whether you should drive or not, the device tells you almost instantly, theoretically before you start your car.

    Some people may depend on the device and abide by what it tells them. Other people may see or hear the device tell them that their breath registers over the legal limit for alcohol, and still get on the road. (In Arizona, that’s 0.08.) That’s their choice, but those drivers may soon face the other kind of breath alcohol test:  the kind administered by law enforcement.  The kind that comes with a DUI stop.

    For the sake of discussion, it can be argued that the cost of one of these devices, around $100, is well worth the investment because, as I actually heard someone say once, “it’s cheaper than a DUI.” But here’s another consideration:  would you risk your life, the lives of others, and your future as well, on the accuracy of a consumer product?  Now, I do not mean to suggest or imply anything relating to the quality or reliability of these products.  I am merely creating a hypothetical scenario.  The choice, as always, lies with the person holding the car keys.  And remember, Arizona Statute 28-1381 is specific as to “how much” alcohol or drugs constitutes legally actionable impairment:  even to the slightest degree.

    Ingenuity, technology, and meeting consumer needs are all admirable.  However, there is also, and probably always will be, the need for experienced legal help for people in DUI-related situations.  So if that need arises, please call on us at Zachary Law Group.  Take advantage of our FREE 30-minute case evaluation to get answers to your questions.  From there, we can work towards finding the best legal solution possible.  That’s how we “Zach-It”!  It’s your decision – make it count! Give us a call soon, at 1-855-Zach-law.

     

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