Are SUIs (scooter DUIs) a thing?
We are all aware that it is illegal to drive under the influence of drugs or alcohol, however, what about those shared electric scooters that are popping up in cities all over the United States? Florida is known for unusual and strange headlines and DUIs are no different. We’ve had DUIs on riding lawn mowers, golf carts, even on a horse.
We have seen the scooters popping up here in Tampa, most popular being Lime and Bird. These are the shared electric scooters that you stand on and rent for a short period of time. Something that tends to go hand and hand with these types of scooters is drinking… so let’s start with the DUI statute.
What constitutes a DUI in the state of Florida?
You could be arrested or ultimately convicted of DUI if you are found to be:
Driving or in actual physical control of a vehicle within the state and either:
Your normal faculties are impaired
Your breath alcohol reading of .08 or higher
How does an officer determine if your normal faculties are impaired?
Officers look for obvious symptoms such as:
- The odor of alcohol
- Cans or open containers in your vehicle
- Bloodshot, watery, or glassy eyes
- HGN (Horizontal Gaze Nystagmus Test )
Should you submit to a breath test?
In general, you should not submit a breath test unless you are absolutely certain you have had nothing to drink and your breathalyzer result will be 000. If you have submitted a breathalyzer test and it has resulted in a DUI, make sure you speak with the attorneys of Busciglio Sheridan Schoeb to evaluate how we can defend your case.
There are important factors to consider before refusing to submit a breath sample. The most important factor is that you will lose your drivers license.
What is considered a vehicle under the Florida statutes and are scooters included?
A vehicle in the Florida statues is defined as: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway.
Specifically, the definition of a motorized scooter is defined as a vehicle. A motorized scooted IS a vehicle not having a seat or a saddle, therefore the answer is…
You CAN get a DUI on an electric scooter.
If you or someone you know has received a DUI riding an electric scooter, give us a call at (813) 225-2695 to find out how we can help defend your case.