By Attorney Michael Rosenzweig, Esq.
May is Motorcycle Safety Awareness Month – a time to discuss injury prevention. Operating a motorcycle requires tremendous concentration and quick reflexes. Since many drivers fail to see motorcycles, a motorcyclist must always be ready to react instantly. Also, deer, dogs, pedestrians, debris on the road, or a pothole can force a rider to stop or swerve suddenly. A motorcyclist relies on training and experience to avoid an accident, but consuming any amount of alcohol affects his or her skills and reflexes. Basically, drinking alcohol could mean the difference between life and death.
Alcohol affects a rider’s ability to see and react well before reaching the legal limit of .08%. In 2010, approximately 4,500 riders died in motorcycle accidents across the United States. Nearly half had consumed some amount of alcohol, and one third had blood concentrations above .08%.
Myth or Fact?
Many motorcyclists assume that beer has less alcohol than a mixed drink or wine. However, the truth is that a 12 oz. can of beer, a 5 oz. glass of wine, and a mixed drink with one shot of liquor all contain about the same amount of alcohol.
Bear in mind that amount of alcohol in your system increases as you consume it more quickly. It takes approximately one hour for a single drink of alcohol to leave your blood system.
There are several factors that determine your BAC:
· The amount of alcohol you consume
· How fast you drink
· Your body weight
· Whether you take medication
· Your gender
· Your physical condition
· The amount of food in your system when you drink alcohol
DUI Legal Issues
Riding after consuming alcohol not only puts your life and the lives of others in jeopardy, but it also can bury you in a legal mess if you cause an accident while intoxicated.
Motorcyclists who are convicted of riding under the influence may face the following, depending on prior offenses:
· Jail time
· Fines
· License suspension
· Community service
· Drug and alcohol treatment and rehabilitation programs
· And other penalties
DUI Liability Issues
What some motorcyclists may not be aware of are the liability issues they may also face as a result of riding under the influence. If you ride drunk and get into an accident, you could be held liable for the injuries that result from the collision – including passenger injuries. You may face insurance issues regarding property damage, and depending on the circumstances, could threaten your financial security if you’re forced to pay for damages out of your own pocket.
You also could face liability issues if you allow a person who has been drinking to ride your motorcycle and they get into an accident, injuring either themselves or others. While you may not have actually caused the accident, you may be held responsible based on negligence to prevent the situation.
The bottom line: Ride sober. If you plan on drinking alcohol, make arrangements to avoid riding afterward. It may be tempting to take the risk, but it’s not worth risking your life, the lives of others, or a mountain of legal problems.
Attorney Michael H. Rosenzweig has over 23 years of experience helping bikers injured in motorcycle accidents. He is a partner and litigation manager at Edgar Snyder & Associates. Visit EdgarSnyder.com for more information on motorcycle accidents and legal tips.
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