California law forbids operating any type of motor vehicle while impaired.
Electric scooters — or e-scooters — are becoming increasingly popular in cities across California. Offered for rent by companies like Lime and Bird, e-scooters are an environmentally-friendly, low-cost and fun way to get around. Yet even though these scooters are relatively limited in how fast they can go, they still present substantial dangers — particularly if you use drugs and/or alcohol before riding them.
In California, it is illegal to drive under the influence of alcohol and/or drugs (DUI). California law broadly defines DUI to include driving “a vehicle.” This includes cars, trucks, motorcycles, mopeds, skateboards, bicycles and e-scooters. In contrast, some other states only include driving a motor vehicle in their DUI laws.
As a DUI defense lawyer in Santa Ana, CA can explain, California law prohibits driving under the influence in two ways. First, you can be charged with a DUI if your blood alcohol content (BAC) is above .08% (for most drivers — this limit is lower if you are under the age of 21, currently on DUI probation, or driving a commercial vehicle). Second, you can be charged with a DUI regardless of your BAC if you are unable to operate a vehicle with the care and caution of a reasonable sober person. In other words, if you are not driving safely and exhibit signs of intoxication (like red, watery eyes or slurring your words), you may be charged with a DUI.
There are serious penalties for DUI in California — which may impact your ability to drive your car if you are convinced of a DUI while on an e-scooter. For a first-time DUI conviction, you may face jail time, DUI probation, a driver’s license suspension, community service, mandatory drug or alcohol classes, and steep fines and fees. Of course, if you are riding an e-scooter without a driver’s license, then the state cannot suspend your license. You will still face the other penalties associated with a DUI.
It may not seem like a big deal to hop on an e-scooter after you have been drinking or using drugs. While the potential for hurting someone or yourself is lower than if you were driving a motor vehicle, it is still unsafe. It also can lead to all of the significant consequences listed above.
If you have been charged with a DUI for driving an e-scooter under the influence, a DUI defense lawyer in Santa Ana, CA can work with you to fight the charges. There are a number of factual and legal defenses that your attorney can use to defend you. For example, if a police officer claims that you were driving the e-scooter erratically, they could argue that this is due to your inexperience with operating e-scooters — not impairment.
At the Chambers Law Firm, we represent clients throughout Southern California who have been charged with DUIs. We aggressively advocate for our clients, working hard to help them achieve the best possible outcome. To learn more to schedule a free initial consultation with a DUI defense lawyer in Santa Ana, CA, contact us today at 714-760-4088 or dchambers@clfca.com.
