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DUI on Scooters: Legal Implications and Consequences
According to Crowell Law, most states classify anything self-propelled as a vehicle, including tractors and scooters [1]. Therefore, riding a scooter under the influence is illegal and can result in a DUI. As long as your scooter is moving, you can be charged with a DUI.
Police officers are within their right to arrest you when you haven’t gone over the legal limit of blood alcohol concentration of .08. Because vehicles such as scooters require your full concentration and alertness than other vehicles, officers can arrest you if they suspect you’re under the influence
In most states, it may be more challenging to secure a conviction if you’re below the legal BAC limit, but a conviction can lead to a maximum fine of $250. While you likely won’t lose your driver’s license, you could face a temporary ban on riding scooters and be liable for any property damage caused.
DUI Penalties for Riding Bird or Lime E-Scooters
According to SCLG, if you’re charged with a DUI while riding a Bird or Lime e-scooter, the penalties can be severe and vary by state, increasing significantly for repeat offenders [2].
In California, for example, a first DUI offense can result in:
- 3 to 5 years of misdemeanor probation,
- 3 to 9 months of DUI school,
- $1,500 to $2,000 in fines and assessments,
- A 6-month driver’s license suspension or the installation of an ignition interlock device (IID).
Convictions can also lead to up to 6 months in jail, although this is rarely imposed for first-time offenders who did not cause an accident. However, some counties in California mandate at least some jail time.
Since DUIs are priorable offenses, a first-time conviction means harsher penalties for any subsequent DUI.
A second DUI conviction in California includes:
- The same penalties as a first offense,
- A minimum of 96 hours in jail (up to 1 year),
- A 2-year license suspension or IID requirement,
- DUI school for 18 to 30 months.
Additionally, if you injure someone while riding under the influence, you could face a personal injury lawsuit along with criminal charges.
Convicted of a DUI on a Motorized Scooter? Know Your Rights and Next Steps
After being arrested and charged with a DUI on a motorized scooter, it is essential to understand the specific charges against you. Even if it seems like you are only facing a fine, pleading guilty without consulting a legal professional can be a serious mistake.
Police typically ask several questions before you have the right to an attorney, such as:
- Where are you coming from?
- Where are you going?
- Have you been drinking?
- When was your last drink?
You are only required to provide routine booking information after arrest, along with your driver’s license, registration, and insurance before arrest. You are not obligated to answer any other questions or take any tests that are not implied consent tests, such as breath or blood tests.
Once you are given your Miranda rights and placed under arrest, you can request an attorney. While you have the option to represent yourself, it is strongly discouraged. Consulting with a legal professional ensures that you fully understand your rights and the best course of action for your defense.
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- Aiding and Abetting a DUI
- How is DUI Bail Amounts Being Determined?
- Average Settlement For Drunk Driving Accidents
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References:
1. https://www.crowelllawoffices.com/can-you-get-a-dui-on-a-scooter-in-california/
2. https://www.shouselaw.com/ca/blog/dui/can-i-get-a-dui-on-a-lime-or-bird-scooter/