California Biker Lawyer Norman Gregory Fernandez at the Rock Store with friends.
First off everyone knows or should know that drinking and driving is illegal in all States depending upon the amount of alcohol that you have in your system.
In California you are driving illegally if your blood alcohol content or BAC is .08%
If you drink and drive you are facing losing your drivers license, car or motorcycle, having it impounded, jail time, Court ordered school, and massive fines. It is just not worth it from a legal standpoint.
This article is about Motorcycle safety and not the legal aspects, but the legal aspects are also a consideration.
Most people do not realize that Alcohol is one of the most powerful drugs known to man. A drug is a mind altering substance. Any of you that drink alcohol know full well that alcohol will give you a buzz real quick, especially if you are drinking shooters or mixed drinks. Even one beer will alter your mental state.
I myself quit drinking about 10 years ago for my own personal reasons. I am a sober biker!! I am not writing this article to preach to others not to drink. You can drink as much as you want; it is legal.
The purpose of this article is to preach to you about not drinking and driving, and to not let your brothers and friends drink and drive.
There are statistics all over the Internet about the effects of alcohol on your ability to operate a motor vehicle. Any of you who think that you drive or ride better after a few drinks are flat our full of shit, and you know it. If you don’t know it than maybe you might have a few screws loose.
Drinking and Driving in a car is bad enough, however on a motorcycle it is 100% times more dangerous.
On a motorcycle you have to be sharp and focused. You are basically unprotected except for your clothes and helmet if you wear one, and are totally exposed if you are in an accident. You have to watch out for cagers, road conditions, road debris, and be able to maneuver your motorcycle around turns, curves, and other obstacles. If you are a biker or a motorcycle rider you already know this.
In a nutshell if you drink and ride a motorcycle, you are a fool, and an accident waiting to happen. Don’t do it.
Now what about brothers or friends that you know have been drinking or are shit faced? Would you let them ride to their potential deaths? I would hope not.
If you care about your brothers or friends who have been drinking, you will take their keys and not let them ride. It’s really as simple as that. Even backseat passengers can be a danger to themselves if they are drunk.
In my own personal experiences, I was in a pack of about 25 motorcycles where one idiot who had been drinking almost took out the whole pack. I have also had guys who had been drinking almost drift right into my bike while riding side by side coffin style. In one instance, the guy came literally came within an inch of hitting my bike at 80mph.
I had a passenger experience where I had met a new gal and took her for a ride up to the Rock Store on Mulholland Highway, in the Santa Monica Mountains. She had a couple of glasses of wine. I had no clue that she was a lightweight or that her drinking a couple of glasses of wine would be a problem, since I was the one riding the motorcycle. She almost fell off of my bike! The brothers, who were riding behind me, caught up to me and told me what was going on behind me. I promptly stopped the bike and let her sober up before we continued. My brothers were pissed but that is just the way it was.
Now I refuse to ride with anyone who has been drinking, nor will I ride in a pack where anyone has been drinking. If you want to drink; do it at the hotel after the run, or wait until after the run is over. Don’t drink during a run!
If you really care about your brothers or friends, and do not want to be attending their funerals, or visiting them in hospitals while they are recovering from grotesque injuries, you will do what you have to do so that they do not drink and drive.
I have had physical altercations with brothers while I took their keys away because they were too drunk to be riding. Drunken brothers and friends have no clue while they are drunk why you are taking their keys. They will usually thank you in the morning. If they don’t thank you, at least you know that you may have saved their life.
There are many techniques for preventing a brother or a friend from not driving or riding after they have been drinking. My favorite one is to snag their keys and call them a cab. If you have any novel techniques, you can post a comment to this article.
Keep Both Wheels on the Road!
By Norman Gregory Fernandez, Esq.,© 2007
Welcome, my name is 
I totally agree with the advice given. Although it is legal to consume alcohol and subsequently drive (as long as you are not over the limit or impaired), I do not advise it. Too many cops will arrest you if you have as much as an odor of alcohol on your breath. Even if you subsequently blow less than .08 it is a huge hassle and I have seen too many cases where the breath machine gets it wrong!
i wouldnt worry as much about hurting my self versus someone else
Riding a motorcycle is a great liberty and wonderful way to spend a day. Like anything else, a good time should be tempered with responsibility. If you ride you should do so in full possession of your faculties. Norm you provide a great resource for the biker, keep up the good work!
Dear norm,
My son was killed on a motorcycle in febuary by a hit and run driver,whom has never been found yet.the sad thing is my son was intoxicated and with friends who could of stopped him from getting on that bike.No one will ever no the pain I am experiencing as he was my only son.My heart aches terribly for my son and this should of never happened he was only 30 years old.If you go to google and put in his name LARRY GRAMPA or to his myspace page you will see what a handsome beautiful person he was.
Thank you norm,
my sons story and a description of the vehicle they are looking for is on AMW.com (americans most wanted) just click on the my story icon and you can get all the information about the accident and what they are looking for.Thank you for all your help. not a day goes by that i don;t do something to help find my son’s killer.I love and miss my son so much.
I have a question regarding breathalyzers and motorcycles. I live in Arizona and have been coonvicted of a DUI and subsequently have gotten a breathalyzer installed in my car. My question is if i wanted to ride a motorcycle, would I be allowed to, and can they even install a breathalyzer on motorcycles. I am just wondering, this question seems like a hard one to get answered. Thanks.
Thanks for the comments counsel.
I do not advise ever drinking and then riding a motorcycle because of the fact that you have to be 100% sharp while riding a motorcycle. I also do not recommend riding a motorcycle if you are tired, in a bad mood, or have a physical injury that would impair your ability to handle the motorcycle or your mental concentration! This article is a motorcycle safety article, however, you just gave me an idea for a new article on the legal issues related to drunk driving in the State of California.
I checked out your DUI defense website; great results! You may want to contribute and/or write such an article and I would publish it on the Blog and give you full credits. Many people do not realize that you can actually fight a DUI without pleading out!
I agree that the breathalyzer machines get it wrong many times. They are not calibrated correctly or per the manufacturers specifications; a particular machine may have a history of service issues; the operator may not be correctly certified or have insufficient training on a particular machine, etc…… It’s much easier to not drink and drive, then to have to deal with a DUI defense, and pay for all of the discovery necessary to adequately defend the case!!
Take Care,
Norm
Norm: Great article. We do not drink and ride…nor drive. The consequences are too high. I do not want to kill anyone or cause harm to myself. It is surprising how many people fall off the back of bikes because of too much drinking. Two eyes are better than one set. JOB WELL DONE!!! I do hope people read, learn and retain this very good and free advise. The breathalyzer are getting hard to beat here in Florida. The Sheriff’s department and the Florida Highway Patrol are required to re-certify or they do not work till they do. Now, if you refuse to submit to the implied consent sobriety tests twice you can lose your license for life. A refusal in another state counts. You do not get points added here from another state but the other states charges will show up on your record.
California is tough as well! You are right, the consequences are too high, especially on a motorcycle!
Norm
In the end it is the same result. Maybe your friends might care about you more than you care about yourself. That is the purpose of the article!
Norm
Thanks Matt.
Norm
Karen I send you my condolences for your loss. I googled your son and read the stories. You son may have been intoxicated, but if he was hit by a hit and run driver, it was not his fault.
If you send me a picture and details to norman@norman-law.com, I will write a story her on the Biker Law Blog in hopes of finding the hit and run driver.
Norm
I received the flier concerning the accident. Can you email your sons picture for the article?
Norm
Riley, I wish I could help. My problem is two fold. Number one, I do not give legal advice here on the Biker Law Blog. My articles and comments are meant to be educational only. Number two, I am a California attorney, so I can only give legal advice on California, and/or Federal legal issues.
Since I am not licensed in Arizona, I cannot give legal advice on Arizona legal issues even if you called my office.
With respect to breathalyzers on motorcycles, I am sure it has been done. You will have to check with a local attorney to see if it is legal, and then find an outfit that makes the device.
Norm