Can You Get Charged With A DUI For Riding An Electric Scooter?

You see electric scooters all across Michigan.

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They're a great option to get around quickly without having a car.

Last weekend I saw a group leave a bar on Michigan Street.

I didn't give them a breathalyzer, but from observing them struggling to walk straight it's safe to assume they might have been too drunk to drive.

Thankfully they didn't get behind the wheel and try to drive home drunk.

They also didn't get a ride-share option such as Uber or Lyft.

Instead, they all hopped on electric Lime Scooters.

Can You Get Charged With A DUI For Riding An Electric Scooter?

Before we go any deeper into this let's define what a DUI is in Michigan.

What Is A DUI / OWI In Michigan?

In Michigan, DUI stands for "Driving Under the Influence" and is a criminal offense, It is also known as OWI, which stands for "Operating While Intoxicated".

Michigan DUI Penalties

The penalties for a first-time DUI conviction in Michigan include up to 93 days in jail, fines of $100 to $500, 360 hours (45 days) of community service, vehicle immobilization at the court's discretion, and possible ignition interlock device during probation.

For a second DUI conviction, the penalties include jail time of 5 days to one year, fines of $200 to $1,000, a minimum of 30 days of community service (maximum 90 days), and possible ignition interlock device during probation.

For a third DUI conviction, the penalties include imprisonment for 1 to 5 years, 30 days to 1 year in jail with probation, community service of up to 180 days, license revocation, and possible ignition interlock device during probation.

Michigan has a number of laws prohibiting intoxicated driving, including operating while under the influence of drugs or alcohol (OWI) and operating while visibly impaired (OWVI) by drugs or alcohol.

An OWI conviction involves operating a vehicle while under the influence of drugs or alcohol, while an OWVI conviction requires proof only that the driver shows visible signs of impairment due to ingesting alcohol or drugs.

According to Arbor Ypsi Law, The Court of Appeals in People v. Lyon ruled that an electric scooter is a vehicle for the purposes of an operating while intoxicated charge.

The Court looked to the Michigan Supreme Court case called People v. Roger. In Roger, The Court said a person using a device that does not fall under the traditional idea of a motor vehicle may be prosecuted for driving under the influence if that vehicle is on a public highway.

The best bet appears to be walking home or getting a ride if you find yourself under the influence.