Can You Receive A DUI While Driving a Motorcycle?
April 24, 2026
Driving under the influence (DUI) is a very serious charge in Pennsylvania that can lead to significant penalties. Depending on the circumstances, you may even be facing jail time for a conviction. DUI is a very broad category that can encompass many types of motor vehicles. You do not have to be driving a passenger car or truck to face DUI charges. Motorcyclists are often charged with DUI when police officers have a suspicion that they are operating their bike while impaired.
What the Pennsylvania Drunk Driving Statute Says
75 Pa.C.S. § 3802 is the statute that governs driving while impaired in Pennsylvania. The first part of the law states the following:
“An individual may not drive, operate, or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving….”
Here, the relevant question is what is considered to be a vehicle under Pennsylvania law. The statute provides a definition that states the following:
“A vehicle is any device in, on, or by which a person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively on stationary rails or tracks.”
Accordingly, motorcycles fall under this definition because they are transported on a highway, and they are moved by engine power, as opposed to human power. There is no distinction between types of vehicles that are operated by electric or engine power. Conversely, a bicycle is powered by humans, and it would not be considered DUI if you are intoxicated while riding a bike.
Penalties for a Motorcycle DUI Conviction
The same exact penalties that apply to driving a passenger car while impaired are also assessed for a motorcycle DUI conviction. These crimes are treated with equal seriousness under Pennsylvania law. A first-offense motorcycle DUI conviction is punishable with the following penalties:
- For a first offense, you would face probation of up to six months. If your blood alcohol content was over .10, there is a mandatory minimum of two days in prison, and a maximum sentence of up to six months. There is also a fine of $500 to $5,000.
- For a second offense, there is a mandatory minimum sentence of five days in jail with a maximum of up to six months. If your blood alcohol content was over 0.10, there is a mandatory minimum sentence of 30 days in prison.
The Importance of a Lawyer After a Motorcycle DUI Charge
If you have been charged with DUI while riding your motorcycle, it is vital that you get legal help from an attorney experienced in criminal defense immediately. Chances are that you are facing at least some time in prison, and you need an attorney to work for the best possible outcome in your case. Your lawyer can review your case to determine whether you have any applicable defenses, and they can work to achieve the best possible outcome, whether it is negotiating a plea bargain or fighting the charges in court. There may be a measurable difference in legal outcomes between trying to go it alone and hiring a lawyer for your case.
West Chester Criminal Defense Lawyer at the Law Offices of Heather J. Mattes Will Prepare Your Strongest Legal Defense
If you have been charged with DUI on your motorcycle, get legal help from the West Chester criminal defense lawyer at the Law Offices of Heather J. Mattes. Our legal team can help you prepare your strongest legal defense. You can schedule a free initial consultation by filling out an online contact form or by calling us today at 610-431-7900. Our office is in West Chester, Pennsylvania, and we serve clients in the surrounding areas.