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Can I Get Arrested for a Motorcycle DUI in Waldorf, MD?

Yes. Driving under the influence (“DUI”) (or driving while intoxicated (“DWI”)) applies to any sort of vehicle in Maryland, including motorcycles, tractors, all-terrain vehicles, boats, and even bicycles. If you have been searching for a DUI/DWI lawyer in St. Mary’s County or in Charles County, MD, call us here at the Law Office of Robert Castro at (301) 705-5137. We are available around the clock, 24/7. Here is more information on DUI in Maryland and motorcycle DUIs.

What is a “DUI” in Maryland?

A DUI in Maryland is not defined by what vehicle is being driven. Rather, DUI (and DWI) are defined by the blood alcohol content (“BAC”) of the driver. A DUI is legally defined in Maryland as having a BAC above 0.08%. A DWI is legally defined as having a BAC of up to 0.08%. BAC is generally tested through one of three types of tests:

  • Breathalyzer
  • Blood and/or
  • Urine

The other legal requirement of being arrested and charged for a Maryland DUI is having the above-described BAC while “driving.” And in Maryland, “driving” involves some form of vehicle, including motorcycles.

How does a Maryland motorcycle DUI typically happen?

Typically, a motorcycle DUI/DWI arrest happens when a police officer or State patrol officer sees you riding your motorcycle in a manner that suggests you are intoxicated or otherwise impaired by drugs. This commonly involves weaving in and out of your lane, driving too slow, taking turns slowly or other road behaviors that suggest impairment. Motorcycle DUIs can also be suspected when a motorcycle is pulled over for other traffic crimes like speeding or not obeying traffic control devices and road striping. When that happens, impairment may be suspected because of slurred speech, inability to hold up the motorcycle, odor from your breath or clothes, and/or other physical indications.

Commonly, upon suspecting impairment by alcohol or drugs, the police officer will ASK the driver if he or she has been drinking. If the answer is “yes,” then an arrest will follow. If the answer is “no” or some other inconclusive answer, then various field sobriety tests are often conducted. Often, a field BAC test is administered. Examples of the field tests include:

  • Leg stand test
  • Straight line walk and turn test
  • Follow an object with the eye test
  • And more

If these and similar tests are failed, generally, an arrest is made and, at the police station,
BAC tests are undertaken. For example, a more sophisticated breathalyzer test is usually required, and often, blood or urine samples are obtained for laboratory testing.

How can an excellent Maryland Criminal Defense Team defend against motorcycle DUI charges?

There are many possible defenses that can be used by excellent Maryland criminal defense lawyers. First, depending on the facts, the traffic stop can be challenged as being unconstitutional. Generally, law enforcement cannot stop citizens just because the police want to. There must be some reasonable reason for the stop. Second, it is possible to challenge the test results. The field sobriety tests are notoriously unreliable. As for the lab tests, there are possible arguments concerning reliability, contamination, and chain of custody. Aside from attacking the prosecution’s evidence, it may be possible to negotiate some sort of plea bargain with the prosecuting attorneys.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 705-5137. We are Waldorf, MD, Criminal Defense lawyers. Our address is: 2670 Crain Highway, Waldorf, MD 20601.