Question: I have a Harley-Davidson motorcycle and I was arrested for DUI while riding it in Gwinnett County. I was on I-85 and I got stopped for weaving. The Gwinnett County policeman said I was not maintaining my lane.
I was coming home from a night out and we hit some bars in Lawrenceville like McCray's Tavern and Olde Towne Tavern & Grille. I had some food, a few beers and a few shots of liquor. I wasn't really drunk. I did have a buzz.
I did what the cop asked. I took all the field tests and I did a breath test. At the station I took a breath test and I got a .156.
I love riding my motorcycle and I really don't drink that much. I guess that night I just had too much to drink.
I need to know if punishments are greater if you are riding a bike. I have heard that the punishments for DUI are higher if you are riding a motorcycle.
T.P. in Lawrenceville
Answer: No need to worry about that, sentences under Georgia law for DUI make no distinction between someone operating a car or a motorcycle. The potential punishments are the same.
We have handled many DUI cases for motorcycle riders. Actually, we have helped riders of diverse brands of bikes including: Harley-Davidson, BMW, Ducati, Victory, Indian, Triumph and a number of others. We have even recently successfully defended an owner of an antique Harley against a DUI charge.
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