Can You Get a DUI on a Scooter in My State?

Most people may not think of electric scooters as motor vehicles. But in many states, e-scooters — as well as electric bikes, mopeds, and self-propelled skateboards — qualify as a motor vehicle for purposes of traffic regulations and DUI laws.

If you are operating an e-scooter, it is important to be careful. For your safety and legal protection, be sure to comply with all relevant traffic rules and regulations of a motor vehicle, including driving under the influence of alcohol or drugs.

The traffic laws that apply to e-scooters vary by state. Talk to a DUI defense attorney for legal advice after an arrest.

Driving Under the Influence on a Scooter

Many people are shocked to learn that you can get a DUI charge while on a motorized scooter.

“California law says that anybody who rides a motorized scooter is subject to all the same rules as any other driver of a vehicle, including DUIs. So if you’re riding an electric or a motorized scooter, you can get a DUI,” says Nafiz M. Ahmed, a DUI attorney with Ahmed & Sukaram in Redwood City, California.

Indeed, in 2018, the city of Los Angeles became the first jurisdiction in the United States to obtain a DUI conviction in a motorized scooter case.

If you operate an e-scooter and your blood alcohol concentration (BAC) is at or above the legal limit, law enforcement could potentially arrest you and charge you with an intoxicated driving offense.

In most states, you can get a DUI on an e-scooter even if your BAC is below 0.08%. You can also be charged if the officer can prove you were impaired by any amount of alcohol or drugs, regardless of your specific BAC level.

Some states have enacted specialized motorized scooter statutes. For example, under California law, it is against the law for a person to operate an e-scooter on a public road while “under the influence” of drugs or alcohol. A person charged with a violation will typically be subject to a maximum $250 fine. However, other court assessments could increase the cost.

In New York, operating an electric scooter while ability impaired is a traffic infraction, including a fine of up to $300 and up to 15 days in jail. Riding an e-scooter with a BAC of 0.08% or higher is a misdemeanor, with a fine of up to $500 and up to a year in jail.

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Penalties for an E-Scooter DUI

In some states, if you are convicted of a DUI for impaired riding on a scooter, you can face the same penalties as if you were in a car or truck. DUI penalties can include mandatory jail time, fines, community service, and a criminal record.

You can also lose your license after a DUI. Even if you do not need a driver’s license to use an e-scooter, a DUI on a scooter can result in a suspended license. Talk to a DUI lawyer after an e-scooter DUI for help to avoid a misdemeanor DUI charge.

What To Do If You’re Charged With an E-Scooter DUI in

“Getting a private lawyer is usually going to get you great service from somebody who focuses a significant majority of their time just on DUI defense,” says Ahmed. “Let’s say, for example, you get arrested for driving a scooter, and you’ve got a blood alcohol level that’s greater than .08%. The attorney may try to plea bargain down to the offense that calls for a fine only, like public intoxication.”

In most states, you have given your implied consent to submit to a chemical test after a DUI arrest. Refusing to submit to a chemical test can result in a driver’s license suspension. The state can also use your refusal in court to draw a negative inference.

After being arrested and charged with a motorized scooter drunk driving offense, it is crucial that you take the time to understand the specific charges that were filed against you. Even if it appears that you are only facing a fine, it could be a serious mistake to simply plead guilty to the offense without first speaking to a legal professional.

Getting Questioned by Police at a Traffic Stop

“The police usually get to ask all their questions before the right to have an attorney present even attaches,” Ahmed adds. Common questions include:

• Where are you coming from?
• Where are you going?
• Have you been drinking?
• When was your last drink?

“But the only thing you’re required to answer is the routine booking information after you’re arrested,” Ahmed says. “And before being arrested, you have to provide your driver’s license, registration, and insurance. But you don’t have to answer any of their questions or do any test that’s not an implied consent test [which is commonly breath or blood].”

You can choose to represent yourself, but Ahmed doesn’t advise it.

Timeframe for DUI Hearings and Getting an Attorney

“In California, there are two different bodies that are going after you after a DUI,” Ahmed says.

“One is the DMV; one is the court. The DMV says, ‘Hey, you’ve got 10 days to request a hearing. If you miss those 10 days, we’re going to suspend your license.’ So it’s just a hardline rule. You either get an attorney, or you don’t, but you’ve got to figure it out within 10 days.

“The court is generally accommodating and will say, ‘We understand it’s your first court appearance. If you want time to get a lawyer, we’ll give you a reasonable amount of time.’ They usually give you two to three weeks to come back with an attorney.”

Get an Experienced DUI Attorney

An experienced attorney will be able to review the DUI case and help you assess the legal consequences that you are facing. The last thing you want is to lose your license or your clean record because of a motorized scooter offense.

If you were arrested for intoxicated driving on an e-scooter, contact an experienced DUI defense lawyer right away.