Motorcycle Safety and DUI Laws: Can You Get a Motorcycle License with a DUI?

Operating a motor vehicle, especially a motorcycle, takes concentration, dexterity, and skill. Doing so safely requires an even higher level of these three factors. If you decide to drink and drive, not only are you driving with an increased risk, but you're breaking the law.

While many people believe bikers follow different rules about driving under the influence, the same strict laws that apply to cars also apply to motorcycles. If you've recently been convicted of a DUI while driving another vehicle and are wondering, "Can I get a motorcycle license with a DUI?" or if you are a rider who has been convicted, contact Steelhorse Law.

Can You Get a Motorcycle License with a DUI?

So, can you get a motorcycle license with a DUI on your record? In most states, you cannot operate a motorcycle after a DUI because motorcycles are generally considered "motorized vehicles" in legal terms. Although some bikers think they are exempt from the usual rules because their vehicles are so small, they are mistaken. You might not be able to ride a scooter or some types of bicycles either, as they fall under the same category.

What Happens if You Get a DUI while Driving a Motorcycle?

In most states, the consequences of drunk driving on a motorcycle are largely the same as those for drunk driving a car or truck. This includes the standard legal breath alcohol concentration (BrAC) limit of 0.08% for most drivers. However, some states impose stricter BrAC limits for riders under 21 or commercial license holders. Certain states, like Georgia, extend their DUI laws to mopeds, scooters, and bicycles! If you get a DUI while riding a motorcycle, you could face legal penalties such as jail time, fines, and license revocation for the next few months.

Riding drunk on a motorcycle not only endangers your safety but also carries legal consequences that can be as serious as those for impaired car drivers. The penalties for drunk driving are severe. Motorcycle riders should not consider themselves special or exempt just because they ride a smaller vehicle.

State-Specific Information

In addition to your state's more detailed laws, your specific case will have additional details about what you can and cannot do. Some people might be able to apply for a limited permit to drive a motorcycle to and from school or work, but if the judge isn't open to that option in your case, then motorcycles won't be allowed.

Here's some additional location-specific information. Let's determine the local motorcycle DUI laws in Tennessee, Georgia, and South Carolina.

Can I Drive a Motorcycle with a DUI in Georgia?

Can you get a motorcycle license with a DUI in Georgia? No, because Georgia's DUI laws (Code 40-6-391) affect all drivers, and switching permit types isn't a way to handle cancellations, revocations, suspensions, or disqualifications. However, in some cases, you're allowed to apply for a limited license. Additionally, bikers and boaters may be considered to be under the influence.

Motorcyclists are subject to regular DUI laws in Georgia, meaning the same severe consequences still apply. First-time offenders can face up to twelve months of probation, a minimum fine of $300, between ten days and twelve months in jail, 40 hours of community service, participation in required programs or counseling, and license suspension. Repeat offenses result in significantly increased penalties.

Can I Drive a Motorcycle with a DUI in Tennessee?

No, you cannot operate a motorcycle with a DUI in Tennessee. Your DUI will impact your ability to drive any motorized vehicle, from a golf cart to a moped to a truck. Under Tennessee Code 55-10-401, license revocation is likely even after a first offense.

Operating any motorized vehicle while intoxicated can lead to a DUI. There are many penalties for a DUI on a motorcycle in Tennessee. A first-time conviction results in 48 hours of jail, a minimum fine of $350, and a one-year license revocation. Subsequent convictions may also lead to vehicle seizure.

Can I Drive a Motorcycle with a DUI in South Carolina?

No, South Carolinians with a DUI cannot obtain a motorcycle license. For a time, people with a DUI could legally ride a moped in South Carolina, but recent laws have closed that loophole. Now, all motor vehicles are subject to the DUI law in South Carolina. Those with a BAC over .08 will be considered intoxicated.

According to the South Carolina Code, and depending on the severity of the offense, driving under the influence may lead to:

• A fine of up to $400 ($992 with assessments and surcharges), potential imprisonment from 48 hours to 30 days, and a six-month suspension of your driver's license.
• A fine ranging from $2,100 to $5,100 ($10,744.50 with assessments and surcharges), imprisonment for five days to one year, and a one-year license suspension.
• A fine between $3,800 and $6,300 ($13,234.50 with assessments and surcharges), imprisonment from 60 days to three years, and a two-year license suspension.
• License suspension of four years if the third offense occurs within five years of the first, and vehicle confiscation if the offender owns or resides in the household of the owner.
• Imprisonment from one to five years and the permanent revocation of your driver's license.

If you've recently been involved in a DUI motorcycle accident or need legal representation, consider reaching out to Steelhorse Law for prompt assistance.