can you get dui on bird scooter

How Is “Under the Influence” Defined?

Although state-specific DUI laws differ, generally speaking, being “under the influence” refers to:

has a blood alcohol concentration (BAC) of . 08% or more (. 05% or more in Utah), or.
is impaired by alcohol or a controlled substance.

Therefore, a DUI conviction can typically be based on your blood alcohol content (“per se”) or actual impairment. The prosecution may use the results of a chemical test on the defendant’s blood, breath, or urine, depending on the law, to establish BAC.

The prosecution must provide proof that the driver was impaired by drugs or alcohol when they were operating a vehicle in order to establish impairment. Evidence of this type includes field sobriety test results and witness accounts indicating the driver was clumsy and acting strangely.

When does a riding an e-scooter count as a DUI? And what are the penalties for a conviction?By

Due to their affordability when compared to cars and ride-sharing services like Lime and Bird, electric scooters, also known as e-scooters, are a popular option for getting around big cities and even smaller communities. These businesses rent out e-scooters for a short period of time in more than 100 US cities.

Since e-scooters aren’t as heavy as cars, you might believe that using one after drinking is safe. However, using an e-scooter while intoxicated puts you and other pedestrians in danger and is probably against the law in your state.

Is Riding an Electric Scooter the Same as Driving a Vehicle?

You cannot be found guilty of a DUI if you are intoxicated but not driving. Therefore, the first step in figuring out whether you can get a DUI while riding an e-scooter is to find out if your state’s laws consider an e-scooter to be a vehicle or motor vehicle.

While the DUI laws of some states only apply to motor vehicles, the laws of other states apply to all types of vehicles. Generally speaking, a vehicle is classified as a motor vehicle if it can move itself using an electric motor or combustion engine. DUI laws that only apply to motor vehicles will not be broken by operating a vehicle that is propelled by the driver performing physical motion, such as pedaling a bike (e-bikes usually are considered motor vehicles)

Because e-scooters are propelled by electric motors, riding them generally counts as driving a motor vehicle. In states where you can get a DUI for operating any kind of vehicle, e-scooters usually fall under the definition of “vehicle.” Some states make exceptions, though. For instance, Wisconsin excludes electric scooters from the definitions of “vehicle” and “motor vehicle.” (Wis. Stat. § 340.01(35) and (74) (2023).)

FAQ

Can you get a DUI on a Lime scooter in Oklahoma?

The Lime and Bird scooters are capable of exceeding 8 mph and thus, would not fall under this exception. Thus, under Oklahoma DUI law, the Lime and Bird scooters would be considered a motor vehicle under Oklahoma law.

Do bird scooters have a time limit?

Technically, Bird and Lime scooters don’t “turn off.” However, at 9 p.m., all scooters with non-low batteries — at least 90% charged — become “harvestable” (eligible for chargers to pick up). Since this is a lucrative business, as a rider, it can be tough to find a scooter after 9 p.m.

Do bird scooters have a weight limit?

Everyone who rents a scooter must agree to Bird’s terms of service. You must be at least 18, and you can’t carry a backpack, briefcase or anything else that “impedes your ability” to operate the scooter. One person per scooter – no tandem rides. The weight limit is 200 pounds.

How do bird scooters not get stolen?

Adan Aceves, a fleet manager for Bird, said their scooters have an “anti-theft encryption” function. He added that the company has ways to track scooters, including via GPS. He stated, “Also, the Bird battery has a system that you can’t use that battery unless it’s hooked up to a ‘Bird brain’ that controls a scooter.”