It depends on the state’s DUI laws. Some states make it a crime to operate any vehicle while under the influence of drugs or alcohol. Other states only make it a crime to operate a motor vehicle while under the influence. If you live in a “motor vehicle state,” there is a chance that drunk driving laws do not apply.
Different terms in state DUI laws
Every state in the U.S. has a law against driving under the influence (DUI). However, states differ over which vehicles cannot be driven while inebriated.
Many states forbid driving any vehicle while intoxicated. These states include:
In these states, you can get a DUI for being drunk while operating a:
- car
- truck,
- motorcycle,
- bicycle,
- skateboard, or
- e-scooter.
Other states make it a crime to drive a motor vehicle while under the influence. Some of these states are:
If you ride an electric scooter in one of these states, the DUI law may or may not apply to you. It depends on whether the state considers the electric motor powering the scooter to be big enough for its DUI laws to apply.
Lime and Bird electric scooters may be a motor vehicle
In states with DUI laws that only cover motor vehicles, shared e-scooters by Lime and Bird may or may not be covered by the law. Some of these states have traffic laws that specifically define what the term “motor vehicle” means. Others are more vague.
For example, according to Nebraska state law:
“Motor vehicle shall mean every self-propelled land vehicle, not operated upon rails, except bicycles, mopeds, self-propelled chairs used by persons who are disabled, and electric personal assistive mobility devices.”[9]
This statutory definition does not clearly resolve whether e-scooters are “motor vehicles.” However, some prosecutors in the state have decided that e-scooters are too similar to bicycles or motorized wheelchairs to be a “motor vehicle.”[10]
If a state’s DUI laws only cover “motor vehicles,” and Lime or Bird’s electric scooters do not fall in the definition of a “motor vehicle,” then you cannot get a DUI while riding one.
The criminal defense attorneys at our law firm have found that, generally speaking, e-scooters are typically covered by DUI laws. In most states, you can get a DUI for riding one while under the influence of alcohol or drugs.
Legal alcohol limit
In states where you can get a DUI or DWI on a scooter, law enforcement still has to prove that you were intoxicated.
They generally do this using a breathalyzer. When you provide a breath sample, the portable breathalyzer will read your blood alcohol concentration, or BAC. If it is at or above the legal limit, which is 0.08% in all states except Utah, they will initiate a DUI arrest.
The DUI lawyers at our law offices frequently challenge the validity of the arrest and the accuracy of the breathalyzers used.
Penalties for a conviction
If you are riding a Bird or Lime e-scooter and get charged with DUI, the penalties of a conviction are not trivial. However, they vary by state, and increase dramatically if you have been convicted in a DUI case in the past.
In California, for example, a first offense DUI carries:
- 3 to 5 years of misdemeanor probation,
- 3 to 9 months of DUI school,
- $1,500 to $2,000 in fines and assessments, and
- a 6-month driver’s license suspension, or the installation of an ignition interlock device (IID).
Convictions can carry up to 6 months in jail. While our DUI defense lawyers have found that this is rarely imposed for first-time offenders who did not cause an accident, some counties in California require at least some jail time.
Because DUIs are priorable, a first-time conviction also means that a subsequent DUI conviction will carry higher penalties.
A second DUI conviction in California carries the above penalties, and:
- a minimum of 96 hours in jail, with a maximum of 1 year,
- a license suspension or IID period of 2 years, and
- DUI school lasting for 18 to 30 months.
In addition to criminal charges, you can face a personal injury lawsuit if you hurt someone.
E-scooters popular among people with a suspended license
The fact that DUIs are priorable and that you can get one while on an electric or motorized scooter is important to know because of how popular they are for people who have lost their driver’s license to a DUI conviction. Lots of people who are convicted for drunk driving and have their license suspended turn to e-scooters to get around, as riding an e-scooter does not require a driver’s license.
In some cases, riding an electric scooter can be the only way for people with a suspended license to get to where they need to go.
However, if you get inebriated and use a Bird scooter or a Lime scooter, you can face scooter DUI charges in most states. The penalties will be significantly higher than for the conviction that led to your license suspension.
Legal Citations:
[1] California Vehicle Code 23152a (“It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle”).
[2] CRS 42-4-1301 (“A person who drives a motor vehicle or vehicle under the influence of alcohol…commits driving under the influence”).
[3] NRS 484C.110 (“It is unlawful for any person who” is inebriated “to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access”).
[4] ORS 813.010 (“A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person…”).
[5] 47 OS 11-902 (“It is unlawful… for any person to drive, operate, or be in actual physical control of a motor vehicle within this state”).
[6] Nebraska Revised Statute 60-6,196 (“It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle”).
[7] Texas Penal Code 49.04 (“A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place”).
[8] Wisconsin Statute 346.63 (“No person may drive or operate a motor vehicle while… Under the influence of an intoxicant”).
[9] Nebraska Revised Statute 60-638.
[10] Danielle Meadows, “Mayor Stothert signs resolution to introduce electric scooters,” KMTV News (May 14, 2019).
