DUI Attorney in Queens : DUI on a Motorcycle

Chemical testing, including breathalyzer tests and blood tests, forms the foundation of most DUI prosecutions. In New York, officers must follow strict procedures when administering these tests, including a mandatory 15-minute observation period before a breathalyzer test to ensure the subject has not consumed anything that could affect the result. Blood tests require proper chain of custody documentation and laboratory certification. If the police failed to follow these procedures, the test results may be excluded from evidence. The accuracy and reliability of the testing equipment are also subject to challenge through cross-examination and expert testimony.

Police officers typically conduct field sobriety tests (FSTs) such as the one-leg stand, walk-and-turn, and horizontal gaze nystagmus (HGN) test before requesting chemical testing. These tests are subjective and prone to error, especially when administered on the side of a road or in poor lighting conditions. Motorcycle riders may perform poorly on FSTs due to fatigue, road conditions, or nervousness rather than impairment. Officer observations of your appearance, speech, and behavior are also subjective and can be challenged. Documentation of the testing conditions and the officer's training certification is critical to mounting an effective defense.

When you are arrested for DUI on a motorcycle in Queens, you will be processed at the local precinct and then brought to the Criminal Court for arraignment. The arraignment typically occurs within 24 hours of arrest and is your first court appearance. At arraignment, the judge will inform you of the charges, your rights, and bail conditions. The prosecutor will present the facts of the case, and your attorney can request bail reduction or release on your own recognizance. Discovery, which includes police reports, chemical test results, and witness statements, is exchanged between the prosecution and defense. The local court rules in Queens require timely disclosure of evidence, and violations of these rules can result in suppression of evidence or dismissal of charges.

Before trial, your attorney can file motions to suppress evidence obtained in violation of your constitutional rights, challenge the legality of the traffic stop, or move to suppress chemical test results. Queens courts frequently hear motions to suppress breathalyzer evidence based on improper calibration or maintenance of the testing equipment. Plea negotiations often occur during the pretrial phase, and a skilled DUI attorney in Queens can negotiate reduced charges or alternative sentences such as conditional discharge or probation. If the evidence is weak or the prosecution cannot prove its case beyond a reasonable doubt, the charges may be dismissed. The local judges in Queens courts have varying sentencing practices, and an attorney familiar with the specific judge assigned to your case can better predict outcomes and advise you accordingly.

Performing field sobriety tests after operating a motorcycle presents unique difficulties. Motorcycle riders experience significant physical exertion, vibration, and fatigue from controlling the vehicle, which can affect balance and coordination. The one-leg stand test, for example, may be impossible to perform fairly when a rider is fatigued or suffering from muscle soreness. Road conditions, weather, and the surface where the tests are administered can significantly impact performance. Additionally, motorcycle gear such as heavy boots and protective clothing can impair movement and balance. An attorney can present expert testimony explaining how these factors affect FST performance and argue that poor results do not indicate impairment by alcohol or drugs.

Breathalyzer machines used by law enforcement in Queens must be regularly calibrated and maintained according to strict protocols established by the New York Department of Health. Records of calibration, maintenance, and operator certification are subject to discovery and can be challenged at trial. If the breathalyzer was not properly calibrated or the operator was not certified, the test results may be inadmissible. Expert witnesses can testify about the reliability of the equipment and the procedures required to ensure accurate results. Challenging the reliability of chemical evidence is often the most effective defense strategy in DUI cases.

The initial traffic stop must be based on reasonable suspicion of a traffic violation or criminal activity. Common reasons for motorcycle stops include speeding, improper lane changes, or equipment violations. However, the officer's observations must be specific and articulable. Vague suspicions or pretextual stops based on discriminatory factors are unconstitutional. Once stopped, you have the right to remain silent and the right to refuse field sobriety tests (though refusing a breathalyzer test has consequences under New York's implied consent law). The officer must have probable cause to make an arrest, which means the officer must have sufficient facts to believe you committed a crime. If the stop or arrest lacked proper legal justification, your attorney can file a motion to suppress all evidence obtained as a result.

Even if chemical test results show a BAC above the legal limit, defenses may be available. Rising blood alcohol is a recognized defense in New York; if your BAC was rising at the time of the test, your BAC at the time of driving may have been below the legal limit. Medical conditions, medications, and certain foods can affect breathalyzer results. Mouth alcohol from mouthwash, breath spray, or recently consumed alcohol can artificially elevate breathalyzer readings. If trial is not in your best interest, negotiating a plea to a lesser charge such as Driving While Ability Impaired (DWAI) or a non-traffic resolution may reduce the penalties and protect your driving privileges. Mitigation factors such as a clean driving record, community ties, or completion of alcohol education programs can influence sentencing. The table below outlines common defense strategies and their applicability in motorcycle DUI cases.

New York imposes a mandatory license suspension following a DUI conviction. A first-time offender with a BAC of 0.08 to 0.09 percent faces a six-month suspension, while a BAC of 0.10 percent or higher results in a one-year suspension. Refusing a chemical test results in a one-year suspension for a first offense. During the suspension period, you cannot legally operate any motor vehicle, including a motorcycle. Reinstatement requires completion of an approved alcohol education program, payment of a reinstatement fee of at least $100, and submission of proof of completion to the Department of Motor Vehicles. An ignition interlock device, which requires a breath sample before the vehicle can start, may be required for a period of time even after license reinstatement. These requirements are designed to ensure public safety but create significant hardship for individuals who rely on motorcycles for transportation.

A first-time DUI conviction in New York is classified as a misdemeanor. Penalties include up to three days in jail, a fine of at least $500 and up to $1,000, and a mandatory surcharge of at least $185. A second conviction within ten years is a more serious misdemeanor with penalties of up to 30 days in jail and fines up to $5,000. A third or subsequent conviction within ten years is classified as a felony, carrying up to one year in jail and fines up to $10,000. Sentencing judges in Queens courts have discretion within these ranges and consider factors such as your criminal history, BAC level, and whether anyone was injured. An attorney can present mitigating factors to the judge to minimize jail time and fines.