You can get a DUI while riding a scooter in Los Angeles if you are intoxicated. California’s DUI laws apply to any vehicle, including motorized scooters, so DUI penalties can apply if you are caught riding one while drunk.
However, a scooter DUI differs from an automobile DUI and has its own guidelines and penalties. If you are currently facing a scooter DUI charge, you need to understand the law and potential consequences you may face.
Contact a DUI lawyer in Los Angeles for professional legal guidance.
California DUI Laws and Scooters
According to California Vehicle Code 23152, a person is guilty of a DUI if they drive a vehicle with a blood-alcohol concentration (BAC) greater than or equal to 0.08%.
California law defines a vehicle as a device propelled by something other than human power, including e-scooters, e-bikes, and skateboards. So, if you are pulled over on a scooter and blow a 0.08% or higher, you could be arrested and charged with driving under the influence.
However, you can also get a DUI while riding a scooter in Los Angeles even without a BAC over 0.08%. California Vehicle Code 21221.5 specifically prohibits riding a scooter while under the influence of any alcohol or drugs. If the police suspect you of drunk riding, they can arrest you, regardless of your BAC.
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What Is the Penalty for a DUI While Riding a Scooter in Los Angeles?
Penalties for a first DUI offense in California with an automobile can be harsh, and may include a fine of up to $1,000, a six-month license suspension, substance abuse treatment, and possible jail time.
DUIs on a scooter are treated differently and usually have less severe penalties. According to California Vehicle Code 21221.5, a first-time scooter DUI conviction can carry a fine of up to $250. Violators may also have to pay restitution for damages they caused and face restrictions on future scooter use.
One significant difference between scooter DUIs and other DUIs is the lack of implied consent laws. Unlike with cars, you are not required to submit to a chemical breathalyzer test after being arrested for a DUI while riding a scooter in Los Angeles. You can, however, request one if you think it might help prove your sobriety.
Aggravating Factors and Scooter DUIs
The punishment for scooter DUIs is relatively mild, but it can be more severe if there are additional aggravating factors. For example, if you were driving a scooter while impaired, crashed into another person, and then fled the scene, you could be charged with a hit-and-run in addition to a DUI.
Potential Defenses to Scooter DUI Charges
One advantage in scooter DUI cases is that you are not required to submit to a chemical BAC test. Since there may not be a test to refer to, the prosecution will have to use other evidence, such as the officer’s judgment and the typical signs of intoxication.
As such, there are several paths your attorney could take to defend against charges. They could argue that there is insufficient evidence to prove that you were intoxicated, or they could question the officer’s testimony concerning your mental state.
Your attorney could also argue that the officer did not have a legitimate reason to pull you over in the first place. Police in California must have probable cause to stop a vehicle, and your charges could be dismissed if they conducted an illegal stop.
What Should I Do if I Am Charged With a DUI While Riding a Scooter?
Even though it may be for riding a scooter, a DUI is a serious matter, and being charged can be a stressful experience. Taking the proper steps now can save you incredible frustration later by preserving the strength of your defense:
- Cooperate with law enforcement. Do not try to argue with law enforcement or talk your way out of the stop. Your conduct during the initial arrest can drastically impact how your case proceeds.
- Be careful answering questions. You must provide basic identifying information when asked, but don’t answer other questions about your behavior and don’t admit fault or wrongdoing.
- Document the incident. Gather as much information as you can about the arrest and charge, including the case number, field sobriety tests, and chemical tests.
- Talk to an attorney. Once you are able, find a Los Angeles DUI attorney. They can assess your case and help you prepare for the next steps in the criminal proceedings.
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Contact a Los Angeles Scooter DUI Lawyer
If you were charged with a DUI while riding a scooter in Los Angeles, don’t panic. The team at Simmrin Law Group has over 20 years of experience protecting Los Angeles residents from DUI charges and legal overreach. We know how to defend against drunk driving charges, including scooter DUIs.
Still wondering what a DUI lawyer can do for you? Contact us online or reach out by phone today to schedule a consultation. We have successfully defended thousands of clients from criminal charges and are here to help you next.
Your freedoms may be at stake, so don’t delay.
Call or text (310) 896-2723 or complete a Free Case Evaluation form