Can I Get a DUI on an Electric Scooter?

You’ve likely noticed bright green bikes and scooters available for short term rentals popping up in areas around you. While these may seem like a convenient option when you have had a little too much to drink and don’t want to drive your car home, it is still possible to get a DUI on one of these devices.

Florida Statute 306.003 defines a vehicle as “every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway.” The statute further goes on to define a motorized scooter, which falls within the above definition of a vehicle. As a result, this subjects electric scooters to the same traffic laws that a car would be expected to follow. Since these rental scooters have become more widespread, Tallahassee Police Officer Damon Miller said, “You cannot run the red light, you basically have to follow all traffic laws.” Also, when you’re riding e-scooters on the sidewalk you must yield to pedestrians on the sidewalk as well.”

While Officer Miller did not touch on the dangers of driving one of these scooters while under the influence, it is clear that you must be under the legal limit to legally operate these vehicles. Florida Statute 316.193 makes it illegal to operate an electric scooter with a blood alcohol concentration (BAC) of 0.08 or higher. Therefore, if a police officer has probable cause to believe you are operating an electric scooter under the influence, you may face the same charges and penalties as you would behind the wheel of a car.

Recently the issue of driving an electric scooter under the influence became headline news in California. The driver chose to drive a rented electric scooter home after a night of drinking when he drove into the path of oncoming cars. Unfortunately, the man was hit by a car and had to be transferred to a local hospital. While he recovers from his injuries, he will have to face his pending legal charges as a DUI is filed against him.

Mark McCullough, an officer involved in the California scooter DUI case, stated: “Uber and Lyft are still cheaper than going to jail and being the laughing stock of the cell because you got a DUI-scooter.” If you find yourself in a situation where you are driving an electric scooter while you are under the influence, you must contact an experienced DUI defense attorney to discuss your legal options. This becomes even more important if you have received a previous DUI charge while operating a car as the penalties only become more severe with each occurrence.

Posted in:
Updated:

Comments are closed.

Client Reviews
★★★★★

I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

Earl from Mesquite
★★★★★
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECCOMEND. Marcela Giorgi
★★★★★
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
★★★★★
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink