Electric scooters have become a ubiquitous sight across Arizona’s urban landscape. From the bustling streets of Old Town Scottsdale to the college corridors of Tempe, those bright green Lime scooters and sleek black Bird scooters offer what seems like the perfect solution for short-distance travel. They’re cheap, convenient, and widely available – often positioned as a safe alternative to driving after a night out.
Here’s what many riders don’t realize: you can absolutely get a DUI on an electric scooter in Arizona. The same DUI laws that apply to cars also apply to these seemingly innocent two-wheeled devices. If you’re in a crash while under the influence, the legal consequences can be just as serious as if you were behind the wheel of a car.
The intersection of electric scooters, DUI laws, and liability creates a complex legal landscape that catches many people off guard. As these devices continue to proliferate throughout Arizona cities, understanding your legal exposure isn’t just smart – it’s essential.
The Reality Check: Yes, You Can Get a DUI on a Scooter
Arizona’s DUI law (Revised Statute § 28-1381) states that a person commits a DUI crime if he or she is in actual physical control of a vehicle while impaired by an intoxicating substance. This law applies to a wide range of motor vehicles, including electric scooters.
This isn’t some obscure legal technicality that rarely gets enforced. The first electric scooter DUI arrest was made in Tempe, involving a rider with a blood alcohol content above 0.20 – that’s more than twice the legal limit.
What Exactly Counts as “Under the Influence”?
Arizona defines driving under the influence as driving a motor vehicle while impaired by the slightest degree by alcohol or drugs. It also criminalizes having a blood alcohol content (BAC) of 0.08% or greater while driving or within 2 hours of driving.
That’s right – “to the slightest degree.” Arizona doesn’t mess around with DUI laws, and that zero-tolerance approach extends to scooters too.
You can face DUI charges on an electric scooter if:
- Your BAC is 0.08% or higher
- You’re impaired to any degree by alcohol
- You have any drug or drug metabolite in your system
- You’re under the influence of any combination of substances
How Arizona Defines Electric Scooters Under the Law
Here’s where things get a bit complex. An operator of an electric bicycle or an electric standup scooter is granted all the rights and privileges and is subject to all of the duties of a person riding a bicycle. Electric bicycles and electric standup scooters are not subject to the provisions relating to certificates of title, registration, vehicle license tax, driver licenses or vehicle insurance.
However, when it comes to DUI laws, the classification becomes murkier. Under Arizona Revised Statutes, 28-101, electric bicycles and motorized skateboards are not considered a “motor vehicle.” Some defense attorneys argue that e-scooters are essentially “electric skateboards with a stick on top” and shouldn’t fall under traditional DUI laws.
But here’s the catch: prosecutors and many courts disagree. Arizona is a zero-tolerance state for DUIs, meaning you could get arrested for this crime even with a lower BAC. Riding an electric scooter while intoxicated may not seem as serious as a motor vehicle, but state lawmakers place the same amount of significance on both.
City-Specific Laws Add Another Layer
To make matters more complicated, individual cities have started creating their own electric scooter DUI ordinances. Scottsdale Electric Scooter DUI Laws went into effect on December 13th, 2018 and criminalize driving on electric scooters while under the influence of alcohol or drugs. A conviction is a Class 1 Misdemeanor, just like a car DUI.
These local ordinances often mirror state DUI laws but apply specifically to electric scooters, removing any ambiguity about enforcement.
The Penalties: They’re More Serious Than You Think
If you’re convicted of a DUI on an electric scooter in Arizona, don’t expect a slap on the wrist. The penalties can be surprisingly severe.
First-Time Scooter DUI Penalties
The penalties you could face upon conviction include: Time spent in jail (up to 5 days for a first offense), along with:
- Fines starting at $250 and potentially reaching into the thousands
- Mandatory alcohol education programs
- Community service requirements
- Potential driver’s license suspension (even though you weren’t driving a car)
- A Class 1 Misdemeanor on your criminal record
The law also says the initial jail term of 5 days can be reduced to 24 hours in jail so long as the person convicted completes substance abuse screening and completes an education or follow-up treatment program.
What About Multiple Offenses?
Here’s something that might shock you: Scottsdale’s court system is tightly integrated with the Arizona Department of Public Safety, and is likely to report these violations to DPS, meaning this will go on your criminal record in both the Scottsdale and Arizona-wide system and appear on background checks.
This means a scooter DUI can impact future DUI cases, even if you’re later arrested for DUI in a car.
When Scooter Accidents Happen: Understanding Liability
Electric scooters might seem harmless, but accidents are becoming increasingly common. A research study from JAMA Network found an increase in e-scooter injuries from 4,583 in 2014 to 14,641 in 2018. More recent data shows the trend continues: approximately 60,000 scooter-related injuries occurred in 2024.
Who’s Responsible When Things Go Wrong?
Determining liability in scooter accidents involves multiple factors and potentially multiple parties:
The Rider’s Responsibility Riders must follow the same flow of traffic as motor vehicles. They must also obey all the same lights, signs, signals and traffic laws. If a rider violates traffic laws or rides under the influence, they can be held liable for resulting accidents.
Motor Vehicle Drivers If a driver causes the accident due to their own negligence, the driver is at fault in this scenario. Since the driver is at fault, the liability coverage of their car insurance will be responsible for covering the rider’s medical bills and any repairs needed for the scooter.
Scooter Companies If a bike or scooter-sharing service failed to provide adequate safety measures or provided a defective bike to a customer, the company may face liability for any resulting injuries.
Product Manufacturers In cases involving defective scooters, manufacturers can face product liability claims for injuries caused by design defects or manufacturing flaws.
The Insurance Problem
Here’s a major issue that catches many people off guard: Even if the rider has valid automobile insurance, most insurance policies do not extend to cover damages sustained due to operating an electric scooter. Uninsured riders find themselves in a complicated situation when they are at fault for an accident in which someone was injured.
Several types of insurance could come into play after an e-scooter accident: Health insurance can help cover the costs of your medical bills if you’re injured in an accident. Automobile insurance will not usually provide any liability coverage when operating an electric scooter, since it doesn’t usually apply to vehicles with fewer than four wheels.
This creates a serious financial risk for riders who cause accidents while under the influence.
Arizona’s Comparative Negligence Law
Arizona follows a comparative negligence law, so it’s possible for a plaintiff in a personal injury case to lose a portion of the case award if he or she is partially liable for the claimed damages.
This means that even if you’re injured in a scooter accident, your compensation could be reduced if you were partially at fault – for example, if you were riding under the influence, not wearing a helmet, or violating traffic laws.
The Alcohol Factor: A Dangerous Combination
One of the most concerning trends in scooter accidents involves alcohol. A study in Trauma Surgery & Acute Care Open uncovered that over 79% of all 103 e-scooter injury patients tested positive for alcohol, with almost half the group testing above the legal blood alcohol concentration (BAC) limit.
This statistic is particularly alarming because the e-scooter companies have marketed these vehicles as a safe alternative to driving short distances – enabling some intoxicated scooter riders to disregard the rules of the road.
Why Alcohol and Scooters Don’t Mix
Riding an electric scooter requires attention, coordination, and quick decision-making – all of which are impaired by alcohol or drugs. It’s not just a legal concern, but a matter of safety for the rider, pedestrians, and other vehicles.
Scooters present unique risks:
- They’re smaller and less visible to other vehicles
- They offer no protection in crashes
- They require balance and coordination
- They can reach speeds up to 25 mph
- They’re often used in busy urban areas with heavy foot and vehicle traffic
What to Do If You’re in a Scooter Accident
If you find yourself involved in a scooter accident, here’s what you need to do:
Immediate Steps
- Ensure safety – Get to a safe location if possible
- Call 911 – Especially if there are injuries
- Document everything – Take photos of the scene, damage, and any injuries
- Get witness information – Collect contact details from anyone who saw what happened
- Exchange information – Get details from other parties involved
- Seek medical attention – Even for seemingly minor injuries
Legal Considerations
Once the accident occurs and you have determined the extent of injuries and damages, you’ll need to report it to the proper authorities.
Don’t assume the incident is too minor to report. Documentation can be crucial for any subsequent legal proceedings or insurance claims.
The Defense Perspective: Legal Challenges
Many of the same defenses used in typical DUI cases in Arizona can be applied to e-scooter cases. These might include:
- Challenging the stop or detention
- Questioning the accuracy of BAC testing
- Arguing improper administration of field sobriety tests
- Disputing whether the device qualifies as a “motor vehicle”
- Examining the legality of the search and seizure
Some defense attorneys argue that e-scooters should not fall under traditional DUI laws because they’re classified differently under state statutes. However, this defense has had mixed success, particularly in cities with specific scooter DUI ordinances.
The Ongoing Legal Evolution
The law around electric scooters is still evolving. E-scooters are a brand new form of transportation, which means that the laws on these vehicles are constantly changing. The rules also vary from state to state and even from city to city, making it difficult to figure out exactly who is liable for your injuries after an e-scooter accident.
As more cities adopt scooter-sharing programs, we can expect to see:
- More specific municipal ordinances
- Clearer guidelines on liability and insurance
- Potentially updated state laws addressing e-scooter classification
- Enhanced safety requirements and regulations
Practical Safety and Legal Tips
Before You Ride
- Never ride under the influence – even one drink can lead to DUI charges
- Check local laws – they vary by city
- Wear a helmet – it’s not required in most Arizona cities, but it could save your life
- Inspect the scooter before riding
- Make sure you understand how to operate it safely
If You Plan to Drink
- Have a designated driver
- Use rideshare services
- Take public transportation
- Walk if it’s safe and reasonable
Understanding Your Risk
As the popularity of electric scooters increases in Arizona, the probability of scooter accidents substantially rises. The combination of inexperienced riders, alcohol, and busy urban environments creates a perfect storm for accidents and legal complications.
When to Contact a Personal Injury Attorney
Given the complex and evolving nature of scooter law in Arizona, there are several situations where you should consider contacting an experienced personal injury attorney:
- You’ve been injured in a scooter accident
- You’re facing DUI charges related to scooter operation
- You’re dealing with insurance complications after an accident
- You need help understanding liability in a complex accident scenario
- You’re involved in an accident with multiple parties
Trying to recover financial compensation from an individual may not be a viable option depending on the circumstances of the electric scooter accident. Therefore, it’s best to consult with an e-scooter accident attorney to evaluate your potential claim and determine the best strategy for your situation.
The Bottom Line
Electric scooters have revolutionized urban transportation in Arizona, offering a convenient and eco-friendly way to get around. However, they come with serious legal responsibilities and potential consequences that many riders don’t fully understand.
The key takeaways:
- You can absolutely get a DUI on an electric scooter in Arizona – the penalties are just as serious as a car DUI
- Insurance coverage is often limited or nonexistent for scooter accidents
- Liability can be complex, involving multiple parties and varying local laws
- Alcohol is involved in a shocking percentage of scooter accidents, making the combination of drinking and scooting particularly dangerous
- The law is still evolving, with cities creating their own specific regulations
The safest approach? Treat electric scooters with the same respect and legal awareness you’d give to operating any motor vehicle. That means never riding under the influence, following all traffic laws, wearing protective gear, and understanding that actions have consequences.
If you find yourself facing legal issues related to electric scooter use – whether it’s a DUI charge or complications from an accident – don’t try to navigate the complex legal landscape alone. The experienced team at Phoenix Accident and Injury Law Firm understands the intricacies of Arizona’s evolving transportation laws and can help protect your rights and your future.
Remember: what seems like a fun, harmless ride home can quickly turn into a serious legal and financial nightmare. Stay informed, stay safe, and always ride responsibly.
