Yes, You Can Get A DUI On An Electric Scooter

It turns out you need to treat electric scooters with the same respect you'd give your car, especially after a few drinks. It might sound surprising, but getting slapped with a Driving Under the Influence (DUI) charge while riding an e-scooter is absolutely a reality in the U.S. In 2018, Los Angeles set a precedent by securing the first DUI conviction involving a motorized scooter. Many states subject scooters to the same laws as other vehicles.

California, for example, has a broad definition of "vehicle" under its DUI laws. This includes not just cars and motorcycles, but also motorized scooters. So, you could find yourself facing a DUI charge if your blood alcohol concentration (BAC) is 0.08 or higher (in all states except Utah). Even if it's lower, you could still face charges, as the state also has a law that applies to any "under the influence" scenario. The penalties in states like California could include fines, up to $2,000 in fines and assessments, 3 to 5 years of misdemeanor probation, 3 to 9 months of DUI school, and a 6-month driver's license suspension. Other states, such as Colorado, Nevada, and Oregon, follow similar regulations.

If you're unlucky enough to be arrested for a DUI while on an electric scooter, it's critical to understand your next steps. First and foremost, as Super Lawyers suggests, getting a private lawyer is a must. A DUI attorney can provide the expertise needed to navigate the complex legal landscape, especially since DUI charges can come with significant long-term consequences.

After being arrested, the first thing to keep in mind is that you don't have to answer the officer's questions beyond basic booking information. If they ask where you were coming from or if you've been drinking, you have the right to remain silent until you have legal representation. Importantly, when you're arrested, police can require you to submit to a breathalyzer or blood test as part of the implied consent law, so don't refuse these tests. In California, you've got just 10 days to request a hearing with the DMV. Otherwise, your license could be suspended. You should contact an attorney quickly, as they can help you prepare and may even assist in negotiating a reduced charge or penalty.

As for whether you need a license to ride an electric scooter, things get a bit murky and depend heavily on exactly what you're riding and where. Generally, for many recreational e-scooters, the kind you see for rent or quick city trips, the answer can be yes. Dashmoto notes that states like California and New York often require a driver's license or at least a learner's permit, especially if the scooter can hit speeds around 15-20 mph or more, since that pushes it into the moped or low-powered motorcycle category. Some, like North Carolina and Hawaii, even demand registration. You can dive into the nitty-gritty on whether you need a motorcycle license to ride a moped here.

That said, there's a significant distinction for "personal mobility devices." These are often designed for individuals with mobility challenges, but are available to anyone. They usually have lower top speeds and are legally treated more like wheelchairs, meaning no license or registration is required pretty much anywhere. This is an important distinction, especially since many people with suspended licenses turn to these vehicles. If you're considering using one, you'd want to understand what to know before purchasing an electric bike. Riding one while impaired, however, could lead to a second, more severe DUI, even if the scooter itself doesn't require a license.