Electric scooters, often called e-scooters, are a popular way to get around in Maryland cities. They’re easy to use, affordable, and can help you avoid traffic jams. However, as convenient as they are, many people aren’t aware that operating an e-scooter while under the influence could lead to serious legal problems.
You may be wondering, “Is it really possible to get a DUI on an e-scooter?” The short answer is yes. Here in Maryland, you can be charged with DUI even if you’re not behind the wheel of a car.
Most people understand that our state’s DUI laws cover motor vehicles like cars, trucks, and motorcycles. However, the laws also extend to other forms of transportation, including electric scooters. Maryland’s DUI laws focus on two main charges:
- Driving under the influence (DUI). These charges typically arise if your blood alcohol concentration (BAC) is 0.08% or higher.
- Driving while impaired (DWI). You can be charged with DWI if your BAC is between 0.04% and 0.07% or if you show signs of impairment, even if your BAC is below the legal limit.
The key phrase in these laws is “operating a vehicle.” While most people think of a vehicle as a car or truck, Maryland law provides a broader definition.
Under Maryland law, electric scooters are considered vehicles. According to the Maryland Transportation Code, a “vehicle” is any device that transports a person or property on a highway. Since e-scooters fall under this definition, they’re subject to the same rules as cars, motorcycles, and bikes when it comes to DUI laws.
Although they are much smaller than other vehicles, e-scooters can travel fast, and riding one while impaired puts you and others at risk of injury and can make you a target for law enforcement.
How can you get charged with a DUI on an electric scooter?
Being charged with a DUI on an electric scooter works very much the same way as it does with any other vehicle. If you’re riding an e-scooter and a police officer suspects you’re under the influence, they can stop you and conduct a field sobriety test. Here’s how that typically happens:
- An officer might pull you over if you’re swerving, riding erratically, or violating traffic laws.
- The officer may ask you to perform field sobriety tests, which include walking in a straight line or standing on one leg.
- If the officer suspects you’re impaired, they may administer a breathalyzer test to determine your BAC.
- If your BAC is over the legal limit or if you fail the sobriety tests, you could be arrested and charged with DUI.
What are the penalties for a DUI on an e-scooter in Maryland?
If you’re convicted of a DUI on an electric scooter, you face the same penalties as someone convicted of a DUI in a motor vehicle. These penalties can include:
- Fines and court fees. A first offense can result in fines of up to $1,000, and a second offense can result in fines of up to $2,000. Court fees and other related costs can add several hundred dollars in addition to the fines.
- License suspension. Your driver’s license can still be suspended even though you weren’t driving a car. A first offense can result in a suspension of up to six months, and a second offense can result in a suspension of up to one year. Further, refusing a breathalyzer test can lead to an automatic suspension under Maryland’s implied consent laws.
- Ignition interlock device (IID). In some cases, you may even be required to install an IID in your car, even though your DUI occurred on an electric scooter.
- Jail time. For a first offense, you could be facing up to one year in jail. For a second offense, this could be up to two years. A third offense can result in up to five years in jail. Judges in Maryland have the discretion to impose jail time based on the circumstances of your case.
- Probation and alcohol education programs. You may also be required to complete probation and attend alcohol education or treatment programs, which can be both costly and time-consuming.
How will a Maryland DUI on an e-scooter affect my life?
A DUI conviction, even on an e-scooter, can have long-term consequences on your life. It can affect your:
- Most employers run background checks, and a DUI conviction could be a red flag. Jobs that require a clean driving record or involve driving may be off the table completely.
- Education. If you’re a student, a DUI conviction could affect your eligibility for financial aid or scholarships.
- Your car insurance premiums could increase after a DUI conviction, even if the offense occurred on an electric scooter. Some insurance companies might cancel your policy altogether.
A DUI conviction can even strain relationships with friends and family. It can also affect custody arrangements – if you’re a parent, a co-parent could use the DUI as evidence of irresponsible behavior.
How do I defend against a DUI charge on an electric scooter?
At Carey Law Office, we know that just because you’ve been charged with a DUI doesn’t mean you’re automatically guilty. Our skilled DUI defense attorneys can help in a variety of ways:
- We can examine whether the police had a valid reason to stop you. If the stop was unlawful, the charges might be dismissed.
- Field sobriety tests are subjective and can be inaccurate. We can challenge these results if the tests were administered incorrectly or if other factors, like poor lighting or uneven ground, affected your performance.
- Breathalyzer tests aren’t perfect. We can investigate as to whether the device was calibrated and used properly. If there were any issues, the BAC results might be tossed out.
- In some cases, we can negotiate with prosecutors to reduce your charges to a less serious offense, such as reckless driving, which carries lesser penalties.
If you’ve been charged with a DUI while riding an e-scooter in Maryland, don’t panic. Make it your priority to seek legal representation as soon as possible.
At Carey Law Office, our experienced DUI defense attorneys understand Maryland DUI laws and can help you work through the legal system. We can fight to protect your rights, challenge the evidence against you, and work toward the best possible outcome for your case. Remember, your freedom, reputation, and future are on the line – but you don’t need to face these charges alone. Call or fill out our contact form to schedule a confidential consultation today.
My name is Joe Carey, and I am the founder and principal attorney of the Carey Law Office. I have lived in Maryland my entire life. I grew up in a small town in Prince George’s County and, with the help of my partner in life, Nancy, I raised my family here: three exceptional children (a son and two daughters), and two goofy, spoiled black Labrador Retrievers. Learn More