You can get a motorcycle license with a DUI on your record, but it can be difficult to do so. To secure a motorcycle license, you must complete all court-ordered requirements and have your driving privileges fully reinstated. At this point, the California Department of Motor Vehicles (DMV) can determine whether to approve your motorcycle license application.
For those who have been charged with driving under the influence in Los Angeles, get legal help. Connect with a Los Angeles DUI lawyer who can review your case. They can help you contest your DUI charge before it keeps you from getting a motorcycle license.
Can You Get a Motorcycle License with a DUI on Your Record?
A driving under the influence conviction can lead to suspension or revocation of your driving privileges. Until these are reinstated, you may not get a motorcycle license. Fortunately, you have the right to contest a DUI charge.
In the aftermath of a DUI arrest, consult with a lawyer. A DUI attorney in Los Angeles can learn about your charge and find out why you were arrested in the first place. They can gather evidence and prepare an argument that could compel a court to dismiss your charge.
Your lawyer will consider many DUI strategies as they search for ways to assist you. They may find the prosecutor’s argument against you is flawed. In this scenario, your attorney could raise reasonable doubts about your charge to help you get a favorable ruling.
What Do Motorcycle Riders Need to Get a License with a DUI?
California has requirements in place to get a motorcycle license. People under the age of 21 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 aged 21 and older have up to three chances to pass the test to get their motorcycle license.
In terms of what California penalties to expect after a DUI conviction, your driving privileges could be restricted. Also, you may have your driver’s license suspended for up to four months following an initial DUI offense. If you want to receive a motorcycle license during this time, you cannot do so until your impaired driving 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 put you in a position where you can get your motorcycle license right away.
When Can You 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, get in touch with the DMV’s Driver Safety Officer. Once your hearing is set up, plan for it.
A Los Angeles DUI attorney can help you get ready for an administrative hearing. Your lawyer will look at your driving record and the facts relating to your DUI charge and consider any evidence against you. From here, your lawyer can present an argument designed to show why you deserve to keep your driver’s license.
Employ a DUI lawyer in Los Angeles who knows the ins and outs of California’s DUI laws. This attorney can provide information about the driver’s license suspension period and explain California’s DUI penalties in detail. Plus, your lawyer can develop an effective legal strategy for your administrative hearing.
How Can You Defend Against a DUI Charge Before It Prevents You from Getting a Motorcycle License in California?
In driving under the influence cases, careless drivers will be punished to the fullest extent of the law. If you have been charged with a DUI based on reckless driving and ignoring drunk driving laws, it helps to have an experienced attorney at your side. There are many legal strategies that your lawyer may consider in your DUI case, 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 this 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.
Your lawyer can explain how breath test calibration can affect your California DUI case. They may argue that a breath test was not administered correctly. Or they could provide proof to show that your breath test was faulty.
You Are Dealing with Gastroesophageal Reflux Disease (GERD)
GERD, also referred to as acid reflux, impacts the 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 attorney can explain how GERD can impact your breath test result. If your lawyer can successfully dispute this result, you may have a DUI charge against you removed. This would enable you to get a motorcycle license immediately.
Your Field Sobriety Test (FST) Result Is Inaccurate
A police officer may administer an FST to 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.
Your lawyer can focus on attacking field sobriety tests as evidence in your DUI case. They could show that a police officer did not administer your test in accordance with California’s laws. If this happens, your test result could 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.
You meet California’s license requirements for motorcycles but are worried that a DUI charge will keep you from being able to ride legally. An experienced DUI attorney can put you in a strong position to resolve any DUI charges against you. Your lawyer will do whatever they can to ensure that a DUI charge does not prevent you from pursuing a motorcycle license.
Get Help from a DUI Lawyer
You have a clean driving record until a police officer pulls you over and charges you with a DUI. It may seem impossible to disprove the officer’s claims against you. Thankfully, a Los Angeles driving under the influence lawyer can help you do just that.
Partner with a Los Angeles DUI lawyer who has handled thousands of cases. Your attorney will protect your rights and best interests as you go through the legal process. Schedule a consultation with a lawyer today.
