If you were recently convicted of a DUI in California, it can be difficult to get a motorcycle license. For example, you may have your driver’s license suspended due to a DUI. In this scenario, you are ineligible to get a motorcycle license until your suspension ends.
For those who have been charged with a DUI in Los Angeles, get legal help. At this point, connect with a Los Angeles DUI lawyer. When you do, your attorney can review your case and help you find a way to contest your DUI charge before it hampers your ability to get a motorcycle license.
What You Need to Do to Get a Motorcycle License in California
California has requirements in place to get a motorcycle license. For people under the age of 21, they must complete a California Highway Patrol (CHP) Basic Rider Course and hold a permit for at least six months before they can receive a license. Meanwhile, people 21 and older have up to three chances to pass the test to get their motorcycle license.
A person convicted of a DUI in California does not have the rights of other citizens. This individual can have their driver’s license suspended for up to four months following an initial DUI offense. If this individual wants to receive a motorcycle license during this time, they cannot do so until their suspension ends.
You can request an administrative hearing if your driver’s license is suspended due to a DUI. The hearing gives you an opportunity to dispute your DUI charge. It may help you avoid a lengthy driver’s license suspension and ensure you can get a motorcycle license right away as well.
When to Request an Administrative Hearing to Get a Motorcycle License with a DUI
You have up to 10 days from the date you receive notice that your driver’s license has been suspended to request an administrative hearing. To do so, you can get in touch with the California Department of Motor Vehicle (DMV) Driver Safety Officer. Once your hearing is set up, it is important to plan for it.
A Los Angeles DUI attorney can help you get ready for an administrative hearing. Your lawyer will look at the facts relating to your DUI charge and consider any evidence against you. From here, your lawyer will make sure you can present an argument designed to show why you deserve to keep your driver’s license.
It is important to employ a DUI attorney in Los Angeles that knows the ins and outs of California’s DUI laws. This attorney can explain California’s DUI penalties in detail. Plus, the lawyer can help you craft an effective legal strategy for your administrative hearing.
How You Can Defend Against a DUI Charge Before It Prevents You from Getting a Motorcycle License in California
There are many legal strategies used in DUI cases, including:
A Breath Test Was Not Administered Properly
If you are pulled over on suspicion of driving while intoxicated, a police officer may administer a breath test. The officer uses the test to determine if your blood alcohol concentration (BAC) is above the legal limit. If so, you can be charged with a DUI and have your driver’s license suspended.
California has rules in place regarding its breath test equipment. Yet, there can be times when this equipment is defective or not calibrated properly. At these times, the equipment can malfunction, leading to a false-positive result.
A DUI lawyer in Los Angeles may argue that a breath test was not administered as expected or the equipment for the test was faulty. If your attorney can prove either of these things, your DUI charge may be dropped. This also means you should have no trouble applying for a motorcycle license.
You Are Dealing with Gastroesophageal Reflux Disease (GERD)
GERD, also referred to as acid reflux, impacts a person’s stomach and esophagus. The condition can cause a person to experience heartburn and other health issues. In addition, GERD symptoms can invalidate the results of a breath test.
People dealing with GERD can emit vapors that move from the throat to the mouth. These vapors can appear on a breath test and impact the result. Thus, if you are dealing with GERD and have a BAC that exceeds the legal limit on a breath test, your result may be invalid.
Your DUI attorney in LA can help you explain how GERD impacts you. If your lawyer succeeds, you may have a DUI charge against you removed. This enables you to get a motorcycle license without delay.
Your Field Sobriety Test (FST) Result Is Inaccurate
A police officer may administer an FST to help determine if you are intoxicated. The test is not foolproof. Rather, the test tends to assess a person’s willingness to follow instructions instead of whether they are operating a motor vehicle under the influence of alcohol.
In a DUI case, you may be able to suppress the results of an FST. Your attorney may be able to show that a police officer did not administer your test in accordance with California’s laws. In this situation, the test result may be dismissed and cannot be used against you as evidence.
There can be instances where the defendant in a DUI case is able to discredit the result of an FST. If you fall or stumble while you are completing the test, for example, there is no way to prove this means you were intoxicated. Therefore, your attorney can raise doubts about an FST, which may help you get a DUI charge against you dropped or reduced.
If you have an experienced DUI attorney at your side, you can put yourself in the best position to resolve any DUI charges against you. Your lawyer works diligently to protect your legal rights. They will do whatever they can to ensure a DUI charge does not prevent you from pursuing a motorcycle license.
Contact a DUI Lawyer in Los Angeles Today
A Los Angeles DUI lawyer is available to help you at any time. For more information or to speak with an attorney, please contact us online or call us.