As electric bikes and scooters continue to become more popular in California’s urban and suburban areas, so do questions about the laws surrounding their use. One of the most common—and potentially life-altering—questions people ask is: Can you get a DUI while riding an e-scooter or electric bike in California?
The answer: Yes, under certain circumstances. California law allows for DUI charges on electric scooters and some electric bikes, depending on their classification and how they are operated. Here’s what you need to know to protect yourself or someone you love from unexpected legal consequences.
Understanding How California Classifies Vehicles
In California, driving under the influence isn’t limited to traditional motor vehicles like cars or trucks. The law applies broadly to any vehicle that can be operated on public roads—including motorized scooters and certain classes of e-bikes.
California law defines a vehicle as any device by which any person or property may be propelled or moved upon a highway. This includes:
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Motorized scooters (such as Lime or Bird scooters)
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Electric bikes (especially those capable of speeds over 20 mph without pedaling)
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Mopeds and low-power motorcycles
While not all e-bikes and scooters are treated the same, the key legal issue is whether the device is motorized and capable of being operated on public roads.
DUI Laws and Motorized Scooters
If you’re riding a motorized scooter under the influence of alcohol or drugs, you can be cited for a criminal offense. California law prohibits operating these types of scooters while impaired, regardless of whether you’re riding on the road, in a bike lane, or on the sidewalk.
The good news for scooter riders is that the penalties are typically lighter than those for a traditional DUI. Instead of facing license suspension, jail time, or mandatory DUI classes, violators are usually charged with a misdemeanor and issued a fine. However, the citation will still appear on your criminal record, and repeat offenses or aggravating factors can escalate the consequences.
What About Electric Bikes?
Electric bikes in California come in different classes, and your legal exposure depends on which class of e-bike you’re operating:
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Class 1 and 2 e-bikes, which assist up to 20 mph, are generally treated like standard bicycles. If you’re impaired while riding one, you could be cited for biking under the influence, which carries a small fine but not a DUI charge.
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Class 3 e-bikes, capable of reaching higher speeds (up to 28 mph), are subject to more regulation. If you’re operating a higher-speed e-bike under the influence, it could be treated like a motor vehicle. In that case, the DUI laws for cars would apply, which means harsher penalties—including license suspension, probation, DUI education programs, and even jail time.
It’s important to note that how the bike functions—particularly whether it can be propelled without pedaling—can influence how it is classified under California law.
Biking Under the Influence (CUI)
Cycling under the influence is a separate offense in California. If you’re riding a regular pedal bike while intoxicated, you can be cited and fined, but it is not considered a DUI. Still, this offense can show up on your criminal record, and if you’re under 21, it could lead to a driver’s license suspension.
While not as severe as a DUI, a cycling under the influence charge should still be taken seriously—especially if you’re a young rider or have other legal issues pending.
Do You Need a License to Ride?
Here’s where it gets even trickier. Riding a motorized scooter in California typically requires a valid driver’s license. So, if your license has been suspended due to a DUI or other traffic offense, riding a scooter could lead to additional charges for driving without a license—even if you’re not impaired.
By contrast, most low-speed electric bikes do not require a driver’s license. This makes them an appealing alternative for those who have lost their driving privileges. However, if the bike can travel at higher speeds without pedaling or looks and functions more like a moped, you may still need a license, registration, and insurance.
DUI Penalties When Riding E-Scooters or Motorized E-Bikes
If you are charged with a DUI while operating an electric scooter or a higher-class electric bike, the penalties can be just as serious as those you’d face behind the wheel of a car. These penalties may include:
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Fines totaling thousands of dollars
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Mandatory alcohol education classes
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Suspension or revocation of your driver’s license
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Probation or community service
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Jail time, particularly for repeat offenses or if someone is injured
One of the most damaging consequences is the impact on your permanent criminal record, which can affect future employment, housing, and licensing opportunities.
Are Breath or Blood Tests Required?
In standard DUI cases involving cars, California’s implied consent law requires you to submit to a chemical test if you are lawfully arrested. However, that rule does not automatically apply to e-scooter or bicycle DUI cases.
Still, refusing a test when asked—even if not legally required—can influence how law enforcement and prosecutors view your case. That’s why it’s critical to consult an experienced DUI attorney before making any legal decisions.
What Happens If You’re Under 21?
California has a zero-tolerance policy for underage drinking and driving. If you’re under 21 and caught riding any type of vehicle—including scooters and e-bikes—under the influence, you could face:
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Mandatory license suspension
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Fines and court costs
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Increased insurance premiums
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Mandatory education or rehabilitation programs
These penalties can have long-lasting effects, so taking swift legal action is crucial.
What Should You Do If You’re Stopped?
If you’re stopped by law enforcement while riding an e-scooter or e-bike and suspected of being under the influence, remember the following:
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Remain calm and respectful
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You have the right to remain silent—use it
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Do not admit to drinking or drug use
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Politely ask to speak to an attorney
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Avoid performing field sobriety tests unless legally required
Even if you believe you were riding responsibly, an officer’s interpretation can still result in criminal charges. Protect your rights by getting legal representation as soon as possible.
Southwest Legal: Your Trusted DUI Defense Firm in California
If you’ve been charged with a DUI while riding an e-scooter or electric bike, you’re not alone—and you’re not without options. At Southwest Legal, we specialize in DUI defense across Southern California.
Our experienced DUI defense attorneys understand how to challenge improper charges, negotiate for reduced penalties, and protect your record. Every case is unique, and we take the time to develop a defense strategy tailored specifically to your situation. Call us today for a free consultation and let us fight to protect your rights, your freedom, and your record.
