Can You Get a DUI on an Electric Bike or Scooter?
Understand the rules and regulations behind being impaired while operating battery-powered transportation on public roads and sidewalks.
It’s hard to ignore electric modes of transportation now. We know all about cars. But from scooters to skateboards and mopeds to bikes, there are plenty of battery-powered options for getting around.
You already know drinking and driving can get you a DUI, but what about other modes of transportation. Can you get a DUI on an electric scooter and other battery-powered devices?
Facing a DUI already? Call our Intoxalock State Specialists at 888-283-5899 and they can provide you with additional solutions and support. The following blog is for informational purposes only and does not constitute legal advice.
Are Electric Bikes, Scooters, and Skateboards Considered Vehicles?
In many states, it's possible to get a DUI on an electric bike, scooter, or skateboard. Electric bikes, scooters, mopeds, and skateboards are considered vehicles in many states, meaning they're covered by DUI law. If you ride your electric bike home from the bar, you could be ticketed. Riding an electric skateboard is another surprising way you can get a DUI.
Even if your state doesn't consider these electric devices to be legal vehicles, it doesn't mean they're exempt from DUI laws. Many areas allow police officers to give public intoxication tickets for drinking and riding electric devices on public roads and sidewalks. California even has a special law for biking under the influence.
Which Battery-Powered Devices Can Lead to a DUI?
Under the law, a “vehicle” is often defined as any device capable of moving on a public highway or transporting a person or property. This broad definition means that if you can ride it, you can get a DUI on it.
Riding drunk or operating most battery-powered devices can lead to a DUI. That's because all states have laws that make it illegal to operate a vehicle or motor vehicle under the influence of drugs or alcohol. Because electric devices have motors, DUI laws usually apply.
e-Bike DUI: Rules to Know
You might be surprised to learn that, in most states, you can get a DUI for operating an electric vehicle, and yes, that includes e-bikes. Just because your e-bike, scooter, or even wheelchair doesn’t use gas doesn’t make it exempt from DUI laws. In fact, you can be ticketed for riding under the influence on just about anything that moves, and in some places, the charge can be raised to a DUI if you cause an accident or endanger others.
Can You Get a DUI on an Electric Scooter?
Scooters might seem like a safer way to get home than a car. However, you can still get a DUI on an electric scooter in most states. Some states have stricter rules than others, so it's a good idea to check before you ride.
In some places, it doesn't matter how much you've had to drink; it's always illegal to drive a scooter after having any drugs or alcohol. Washington, D.C., law says you can't operate electric mobility devices "under the influence of alcohol or any drug." California has a similar electric scooter law.
Some states only give DUIs on electric scooters if you're above the legal blood alcohol concentration limit. Tennessee, which classified electric scooters as motor vehicles in 2019, is one example. The legal BAC for drivers over the age of 21 is 0.08% in all states except Utah, where the legal BAC is 0.05%.
What About Electric Skateboards?
You can also get a DUI on an electric skateboard, even if your board doesn't classify it as a vehicle. Michigan, for example, doesn't count electric skateboards as motor vehicles. However, state law says that an electric skateboard rider "has all of the rights and is subject to all of the duties applicable to the driver of a vehicle." In other words, you still must follow DUI laws to avoid charges for impaired driving.
Riding an Electric Moped While Intoxicated
The number of drunk driving incidents involving e-mopeds is rising, and yes, you can get a DUI if you’re caught. Electric moped rental programs are now common in places like New York, Atlanta, San Francisco, and Pittsburgh, making it easier than ever for people to hop on and ride, sometimes after drinking.
Studies show substance use is a major factor in moped crashes, with a significant number of riders involved in severe accidents testing positive for alcohol or drugs. Some research found a large percentage of moped drivers in crash studies had their licenses suspended or revoked for prior DUIs, which would make recovering from their initial DUI even more challenging and costly.
If you are arrested for driving under the influence, your location and state DUI laws will play a role in the requirements you must meet after your arrest. If you have questions, call our Intoxalock team today at 888-283-5899.
What Happens if You’re Caught Riding Under the Influence?
If you're pulled over for riding an electric device under the influence, the process depends on what state you're in. In states that treat electric bikes, scooters, and boards as motor vehicles, officers could pull you over and require you to take a breathalyzer test. If you're above the legal BAC limit, they could arrest you.
Not all states are this strict when it comes to electric transportation. For example, officers might have to do field sobriety tests instead of giving you a breathalyzer test. You might also get a ticket but not be arrested.
Most states are generally moving toward tighter DUI laws for electric devices.
Can You Ride an Electric Scooter if You Already Have a DUI?
If your DUI sentence prevents you from operating a motor vehicle, you may not be allowed to ride an electric scooter. It all depends on state law; if your state classifies an electric scooter as a motor vehicle, the restriction applies. Check with your lawyer or the local courthouse to make sure.
Even if you're allowed to ride electric devices, you should avoid doing so after drinking if you have a past DUI. If you get an electric scooter DUI or an e-bike DUI, it could count as a second offense with harsher consequences.
DUI Consequences for Electric Transportation
While you can get a DUI on electric transportation in most areas, the penalties can differ depending on the state and the vehicle. In many states, a DUI on an electric device is treated like a DUI in a regular passenger vehicle or motorcycle. You could lose your license, get a fine, be assigned to DUI school or even get jail time. If you've had DUIs in the past, a DUI on an electric skateboard or scooter could come with even more serious consequences.
General DUI Penalties You May Face
| Consequence | Description |
|---|---|
| Fines | First-time offenses typically face fines ranging from $500 to $1,000, but repeat offenses or aggravating factors (like a high blood alcohol level or causing an accident) can drive fines much higher, sometimes up to $5,000 or more. |
| Jail Time | Jail sentences can be imposed, especially for drivers with multiple DUIs. For a first DUI, jail time is usually up to six months, but it can increase to a year or more for subsequent convictions. |
| Probation | Probation periods are common, often lasting up to one year for a first offense and longer for repeat offenses. |
| Community Service | Courts regularly require community service, with 50 hours or more being standard for a first DUI. |
| License Suspension | Your driver’s license can be suspended or revoked, even if you don’t need a license to operate the electric vehicle. Suspensions often start at 180 days for a first offense and can become permanent after multiple convictions. |
| Mandatory DUI Education | Many states require attendance at DUI school or alcohol/drug treatment programs. |
| Ignition Interlock Device (IID) | The state might also require you to get an ignition interlock device for your car. |
| Criminal Record | A DUI conviction stays on your record, which can impact your job, housing, and insurance rates. |
| Insurance Rate Increase | Your insurance premiums are likely to go up after a DUI conviction. |
| Vehicle Impoundment | In some cases, your electric vehicle may be impounded. |
Ignition Interlocks and Electric Vehicle DUIs
Installing IIDs on electric bikes, scooters, skateboards, and mopeds is not standard practice and, in most cases, is not feasible or required by law.
However, for drivers with multiples convictions or those with high BAC levels, installation of an ignition interlock device may be required in your regular vehicle, even if your DUI was on a non-car electric vehicle (though this is less common for e-bikes and scooters). And yes, we can install an IID in an electric car.
Intoxalock is committed to providing reliable and efficient IID installations for all vehicle types, including electric and hybrid cars. As the largest network of certified ignition interlock installers in the industry, we are equipped to address the unique challenges associated with installing IIDs in electric vehicles, ensuring a smooth and hassle-free process.
Reach out to our support team today at 888-283-5899 to schedule your ignition interlock device installation for your electric car. We’re available 24/7 to assist you every step of the way.
How to Stay Safe on e-Bikes, Scooters and Boards
Given the potential DUI consequences, you can stay safe on electric bikes, scooters and boards by not riding after you've been drinking. Even if you've only had one drink, you could face fines and other penalties for operating under the influence. Instead, call a friend, book a rideshare, or take public transportation home.
When you're riding sober, look out for riders who may be intoxicated. Wear a helmet to protect yourself and scan the area constantly for potential safety issues. Also, read up on local laws about e-bikes, scooters, and skateboards so you know where you can ride legally.
Trust Intoxalock to Stay Safe on Your DUI Journey
DUI rules for electric vehicles are different for each state. Before you ride your electric bike or rent an electric scooter after drinking, make sure to check the local laws. And when in doubt, don't drink and ride; it's the best way to stay on the right side of the law.
But if you need us, Intoxalock is here. If you need an ignition interlock device for your electric or hybrid vehicle, trust Intoxalock to be your reliable EV ignition interlock provider and get you back on the road safely and legally. Our support team is available 24/7 to assist you every step of the way.
Stay informed and safe. Call us today.
Common Questions About DUIs and Electric Transportation
Is a DUI in a Car Different From a DUI on an Electric Bike?
That depends on state law. Some states have specific electric bike DUI laws, which means penalties might not be as strict. Other states treat electric bikes just like cars under the law, and the DUI penalties are the same.
Can you get a DUI if you’re just renting an e-bike or other electric device?
Yes, you can get a DUI if you’re renting an e-bike and using it while under the influence, even if you aren’t the owner. The law focuses on who is operating the vehicle, not who owns it.
Can you be asked to take a breathalyzer test if you’re pulled over for suspicion of drunk driving while operating a battery-powered device?
If you’re pulled over for suspicion of drunk driving while operating an e-skateboard, e-bike, or e-scooter, you can be asked to take a breathalyzer test or other chemical test, depending on the laws in your state.
