(480) 833-8613

Every April, thousands of motorcycle enthusiasts visit the East Valley to participate in Arizona Bike Week.  Arizona Bike Week has grown to be the largest motorcycle event in the southwest and now draws nearly 100,000 people to the greater Phoenix area.  Aside from enjoying the beautiful scenery and weather, motorcyclists will attend concerts and  participate in track races and charity events.

Given the large crowds, police have announced that patrols will be increased around Bike Week events to locate motorcyclists who may be impaired by drugs or alcohol.  Although, there will be educational materials and portable breathalyzers available at event sites, people who attend these events should  be aware that DUI laws will be strictly enforced once they enter the public roadways.  

You Can Be Arrested for DUI on a Motorcycle

Arizona law prohibits a person from operating any motor vehicle while impaired to the slightest degree by alcohol, drugs or a combination of both having an alcohol concentration above the legal limit of .08% within two hours of driving.  Motorcycles fall within the definition of a motor vehicle in Arizona.  Therefore, you can certainly be investigated, arrested and prosecuted for DUI on a motorcycle.

The Penalties for DUI in Arizona

The State of  Arizona imposes some of the harshest penalties in the country upon individuals convicted of DUI.  If treated as a misdemeanor DUI, Extreme DUI or Super Extreme DUI, the punishment can include:

• Up to 45 days or more in jail
• Probation
• Fines of Several Thousand Dollars
• Mandatory Classes
• Loss of Driver's License
• Required Ignition Interlock Device in Your Car

A second offense within seven years or prosecution for a felony, Aggravated DUI can result in more jail time, increased fines and the possibility of a prison sentence.

What to do if Suspected of DUI

There are a number of important steps you can take to protect yourself if you're suspected of DUI.   Upon being contacted by police, you should:

1. Stay Calm - Provide required documents to police when requested and be polite.  If you are aggressive or panicked, police will be more likely to further an investigation

2. Remain Silent - You are not required to answer any questions about your activities, your destination or alcohol consumption.

3. Refuse Field Sobriety Tests - Participation in the field sobriety tests is completely voluntary.  Consequently, you should politely refuse to do any field tests.

4. Don't Attempt to Avoid a Checkpoint:  - Unless there is a parking lot nearby to enter, do not make a U-Turn to avoid a DUI checkpoint.  Doing so will probably be a traffic violation in itself and result in you being stopped by police.

5. Call a Lawyer - If arrested for DUI in Arizona, you have the right to consult privately with an attorney prior to taking a blood, breath or urine test. You should request to speak with a lawyer immediately upon being arrested. Consultation with an attorney can help you  decide whether to participate in a breath or blood test, arrange for independent testing and avoid serious MVD consequences.  You should meet with and retain a lawyer after being released.

Can a DUI Charge Be Defended?

Although DUI cases are difficult, an experienced attorney can be of great benefit in helping you achieve the most favorable outcome possible.  Some potential issues and defenses which must be examined include:

1. Lack of Driving or Actual Physical Control

2. No Reasonable Suspicion to Stop You

3. No Probable Cause to Arrest You

4. Improperly Administered Field Sobriety Tests (FST's)

5. Denial of Your Right to Speak with an Attorney

6. Violation of Miranda Warnings

7. Inaccuracy of the Breath Testing Device

8. Inadmissibility of Portable Breath Testing Device (PBT) Results:

10. Inaccurate Blood Test Results

11. Denial of or Interference with an Independent Test:

Call (480) 833-8613 For Help With Your DUI Case

Undoubtedly, a DUI conviction will result in very severe penalties. If you are charged with DUI in any city within the greater Phoenix area, you should immediately consult with an experienced DUI lawyer for assistance.  Attorney Raymond Kimble is a former police officer, DUI and felony prosecutor and has represented thousands of people charged with DUI in Tempe, Mesa, Chandler, Gilbert, Scottsdale, Phoenix and other cities throughout Maricopa and Pinal Counties over the last twenty years. Ray Kimble  will have a clear understanding of all the circumstances in your case, along with the knowledge, skill and experience to protect your drivers license and achieve the best possible outcome for you.   

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