Penalties for DWI on a Motorcycle

1 year ago by Justin M. Schiks

When the weather is nice in Woodbury, MN there is nothing better than getting on your motorcycle and taking a ride. Motorcycle riding also allows you to have a more economical and convenient form of transportation. However, motorcyclists must follow all the same traffic laws as other drivers, including those regarding drinking and driving.

 

Minnesota law takes driving while impaired (DWI) very seriously for all drivers, including motorcyclists. If you are charged with a DWI on a motorcycle, you can face harsh penalties, and you will need help from a DWI defense lawyer immediately. 

 

DWIs for Motorcyclists

 

First, a DWI on a motorcycle is inherently the same as a DWI while driving a car. The Minnesota statute simply states, “It is a crime for any person to drive, operate, or be in physical control of any motor vehicle.”

 

The law does not specify what type of vehicle, as it applies to all motor vehicles – including boats and other watercraft. A motorcycle certainly falls under this category, so the same law applies to motorcycles as any other car on the road. 

 

This means that a motorcyclist can face DWI arrests and charges if:

 

1. Their blood alcohol content (BAC) is over the legal limit of 0.08 percent
2. If those under 21, have any alcohol in their system
3. The arresting officer witnessed signs of impairment, even if their BAC is below the legal limit

 

If you are arrested for DWI in any type of vehicle, you need a strong defense to avoid harsh penalties. 

 

Penalties for a Motorcycle DWI in Minnesota

 

For a first-time DWI charge without any aggravating factors, a motorcyclist can face the following penalties from the criminal court:

 

1. Up to 90 days in jail
2. Probation
3. $1,000 in fines plus court costs
4. Misdemeanor offense on a criminal record

 

These penalties can increase substantially if you have past DWIs on your record, had a BAC of .16 percent or higher, caused an accident or injuries, and other aggravating factors. 

 

In addition to court-ordered penalties, the following administrative penalties can occur:

 

1. Suspension of their driver’s license (for both motorcycles and other vehicles)
2. Impoundment of their license plates
3. Possible forfeiture of the motorcycle

 

An attorney can immediately start working to minimize the administrative penalties you face, including your license suspension. You have a very short time to appeal the suspension after your arrest, so you should not wait even a day to contact a defense lawyer. 

 

Some people can obtain restricted licenses during their suspension to drive to work, medical appointments, and other approved engagements by having an ignition interlock device installed.

 

However, an ignition interlock device is not available for motorcycles, so you cannot receive a restricted license to ride your motorcycle to work, even if that is your only form of transportation.  

 

Speak with a Woodbury, MN DWI Defense Attorney Right Away

The legal team at J.S. Defense, P.A. regularly works to help clients facing DWI charges, and we represent all drivers, including motorcyclists. Contact us to discuss your arrest and how we can help. Call: 651-362-9426