Can You Get a DUI on an Electric Scooter?
Minnesota motorists are aware that state drunk driving laws are strict, but you might not realize how they apply to different vehicles sharing the road. The answer to the question “Can you get a DUI on an electric scooter?” may come as a surprise.
Yes, you can get a DUI on an electric scooter in Minnesota. If you’re impaired by alcohol or drugs, riding an e-scooter can lead to DUI charges, similar to those for driving a motor vehicle. Impairment laws apply regardless of the vehicle type.
As a Minnesota DUI defense lawyer with more than four decades of experience in criminal law, I’ve helped many clients fight drunk driving charges and mitigate the implications of a conviction. In this article, I’ll answer questions about DWI laws and e-scooters, cover penalties, and discuss strategies to fight the charges.
What Is Considered a DUI in Minnesota?
Minnesota’s drunk driving laws define driving under the influence (DUI) as operating a motor vehicle while impaired by alcohol, drugs, or other substances. A driver is considered legally intoxicated if their blood alcohol concentration (BAC) is 0.08% or higher.
However, impairment can still lead to charges even if BAC is below this threshold. Law enforcement can arrest individuals for DUI if they show signs of impairment, such as swerving, delayed reactions, or erratic behavior. The legal framework applies to traditional motor vehicles, but its interpretation regarding electric scooters remains a crucial question.
Can I Get a DWI if I’m Under the Legal Limit?
Yes, Minnesota law allows for a DWI (Driving While Impaired) charge even if the driver’s BAC is below 0.08%. If an officer believes that alcohol or drugs have impaired your ability to operate a vehicle safely, you can still be arrested.
This means that riding an electric scooter under the influence—even with a lower BAC—can result in a DWI charge. Officers often use field sobriety tests and observations to determine impairment, making it possible for someone to face legal consequences without exceeding the standard BAC limit.
When Does a Riding an E-Scooter Count as Drunk Driving?
Riding an electric scooter while intoxicated can be considered drunk driving if it poses a danger to public safety. Minnesota law treats impairment-related offenses seriously, and if an officer believes that a rider is too impaired to operate an e-scooter safely, they can be arrested.
Certain factors can increase the likelihood of being charged, such as:
- Swerving
- Running red lights
- Causing an accident
While the laws regarding scooters are evolving, law enforcement agencies may apply traditional DWI statutes to these cases, treating them similarly to bicycle or moped DUIs.
Is Riding an Electric Scooter the Same as Driving a Vehicle?
Minnesota traffic laws primarily define vehicles as motorized machines designed for travel on highways and roads, as well as those propelled by electric power obtained from overhead trolley wires. However, statutes also consider other forms of transportation under specific circumstances, including:
- Bicycles
- Mopeds
- An electric bicycle
- A personal assistive mobility device
While electric scooters do not require a driver’s license or registration, they can still be classified under impaired driving laws. Courts may determine that operating an e-scooter while impaired poses enough risk to justify a DUI charge, especially if the rider endangers pedestrians, other vehicles, or themselves.
Could Lime and Bird Electric Scooters be Considered Motor Vehicles?
Lime and Bird electric scooters are commonly used throughout Minnesota, particularly in cities like Minneapolis. These e-scooters operate with a motor, but whether they qualify as “motor vehicles” under Minnesota law is still debated. In some cases, courts may classify them as such when interpreting DUI laws.
However, because they are not registered like cars or motorcycles, some legal defenses may argue that they do not meet the definition required for a DWI charge. Despite this, riders should assume that law enforcement can still issue DUI citations based on impairment rather than vehicle classification.
What are the Penalties for a DWI Conviction in Minnesota?
DWI penalties in Minnesota vary depending on factors such as BAC level, prior DUI convictions, and the circumstances of the arrest.
- A first-time DWI offense can lead to up to 90 days in jail, a $1,000 fine, and possible license suspension.
- For repeat offenses under Minnesota law, penalties increase significantly, including longer jail sentences, higher fines, and mandatory alcohol education programs.
- When certain aggravating factors are present, the penalties could be enhanced. Examples are having a minor in the vehicle or high blood alcohol concentration (BAC).
If an electric scooter DWI is charged under standard DWI laws, the same penalties could apply, making it essential to take these charges seriously.
Could My Driving Record Be Affected by an E-Scooter DUI?
Yes, a DUI conviction—regardless of whether it involves a car or an electric scooter—can result in a driver’s license suspension in Minnesota. The length of suspension depends on:
- The severity of the offense
- Prior DWI history
- Whether the rider refused a breathalyzer test
For a first-time offender, license suspension can last anywhere from 90 days to one year. Repeat offenses may lead to longer suspensions or even permanent revocation. Even though electric scooters do not require a license, a DUI charge on one could still impact driving privileges.
How Much Does A DUI Cost in MN?
A DUI in Minnesota can be expensive. The total cost of a DUI conviction can range from $10,000 to $15,000 when factoring in court fees, fines, legal expenses, increased insurance rates, and potential alcohol treatment programs. Additional costs may arise from:
- Towing fees
- License reinstatement fees
- Mandatory DWI education courses
Even if the DUI charge is related to an electric scooter, the financial burden can still be significant. Those facing charges should consider legal representation to help minimize penalties and associated costs.
Can I Avoid Jail Time and Probation for a DWI?
Avoiding jail time for a DWI in Minnesota depends on the circumstances of the case. First-time offenders with no aggravating factors may receive probation, community service, or mandatory alcohol education instead of jail.
However, if the DWI involved an accident, injury, or high BAC level, jail time is more likely. In cases involving electric scooters, the penalties may depend on how the court classifies the offense. Seeking legal counsel can help in negotiating reduced charges, plea bargains, or alternative sentencing options.
Do I Need a DUI Attorney for Help with My Case?
Facing a DUI charge for riding an electric scooter while impaired can have serious consequences, including fines, license suspension, and a permanent criminal record. A skilled DUI attorney can evaluate the case, determine potential defenses, and negotiate with prosecutors to reduce or dismiss charges.
Legal representation can be particularly beneficial in cases where the classification of electric scooters as motor vehicles is in question. Anyone arrested for DUI in Minnesota—whether in a car or on an electric scooter—should seek professional legal advice to protect their rights and future.
Consult with a Minnesota DUI Defense Attorney to Learn More
Because you can face serious legal consequences, it’s critical to retain skilled legal help after being arrested for DUI on an electric scooter. At Gerald Miller, we have extensive experience in defending clients against drunk driving charges, including those related to electric scooters. Our team understands the complexities of impaired driving laws in Minnesota and is committed to helping you achieve the best possible outcome.
Call us today at 612-341-9080 for a free, no-obligation consultation and let us guide you through your case.
Related Content:
- What Is the Abbreviation for DUI in Minnesota?
- Is a DUI a Criminal Offense in Minnesota?
- Do I Need a Lawyer for a DWI in Minnesota?
- Can You Get a DWI With a BAC Under the Legal Alcohol Limit in MN?
FAQs About Electric Scooter DUIs in Minnesota
Can I drink on an electric scooter?
Even if you are under the limit, erratic behavior or reckless riding can still lead to citations or other penalties. To avoid legal trouble, it’s best to avoid drinking before riding an e-scooter.
What happens if I get caught on my electric scooter?
Additionally, reckless or dangerous riding could lead to other traffic violations, such as public intoxication or endangering pedestrians. While some cases may not result in a full DWI charge, legal consequences can still be severe.
Can I refuse a breathalyzer test on an e-scooter?
Since refusing the test often makes it harder to fight charges in court, it’s important to understand the potential consequences before making a decision.
What are the new electric scooter laws in Minnesota?
Some municipalities have also imposed nighttime riding restrictions. While e-scooters are not categorized the same as motor vehicles, riders can still face legal consequences for reckless or impaired operation under Minnesota’s general traffic and DWI laws.
