BeltLine Beverages & Bird Scooters: Can You Get a DUI on an E-Scooter in Atlanta?

Imagine you are on a lovely spring evening strolling along the Atlanta BeltLine. You have had a couple of craft beers at Ponce City Market and made the wise choice not to drive home in your vehicle. So, you rent a Bird or Lime scooter to enjoy the fresh air on your way home. You believe you are making the smart, safe and legal decision. But a few minutes later, you are interrupted by the flashing blue lights of a police vehicle and are questioning by an Atlanta police officer. What began as an effort to avoid driving a car has just become a nightmare because you can get a DUI on an electric scooter in the state of Georgia.

The surprise of this scenario is all too common, but Georgia law is extremely aggressive about the issue of driving under the influence (DUI). It is unlawful to drive any moving vehicle while under the influence of alcohol or any drug to the extent that it is less safe for you to do so under O.C.G.A. § 40-6-391. The key words are moving vehicle. Courts and police in Georgia have long taken this definition to include bikes, riding lawnmowers, and the more popular electric scooters that we see on the streets of Midtown and downtown. These scooters’ motors qualify them under this definition. This means driving a scooter around a crowd of people while drunk is the equivalent to driving a car down I-75.

Police officers are well aware of the belief that scooters are an “open bar”. With more pedestrians and scooter riders near bars and nightclubs, officers are on the lookout. Police will be looking for the same indicators of intoxication as they would in a vehicle, such as weaving, not stopping at a traffic light or a minor accident. The process will continue much like any other traffic stop once you’ve been pulled over. You will be required to take field sobriety tests and they will probably request to take your blood sample or a breathalyzer. In this situation, you will need an experienced Atlanta DUI Lawyer to examine the probable cause for the officer’s stop, and the validity of any tests given to you, because the police will rely on your confusion.

You will face the same punishment for a scooter DUI as any other DUI, even though you weren’t in a car. You will face a permanent criminal record, hefty fines, probation, community service and even imprisonment. Also, it will have a severe cascading effect on your personal and professional life, including job prospects and reputation. This is no time to say “I’m sorry” to the judge and pay a fine. To safeguard your future, you need an experienced DUI Attorney in Atlanta who can fight the prosecutor’s case tooth and nail and understands the intricacies of Georgia DUI laws.

The defense of a DUI scooter rodeo is a highly technical one. A scooter lacks a speedometer and the ability to stay in its lane, so the police officer’s subjective interpretation of “swerving” will not stand up. Was the unstable scooter caused by alcohol, or a rental scooter encountering a pothole on the BeltLine? An experienced DUI Attorney Atlanta residents rely on will dissect the body camera video, question the accuracy of the breathalyzer and fight for justice. The ultimate goal in court is to have the charges dropped, and to make certain that your life is not upended by a misunderstanding of the law.

If you or someone you know is charged with riding an e-scooter, don’t make the devastating mistake of downplaying the charges. Time is already ticking for you in terms of possible administrative consequences, the retention of evidence (such as body camera footage) and other matters. You need an attorney who will take the fight to your accusers and not just plea you out. In matters of liberty and reputation, getting a powerful DUI Attorney Atlanta relies on is of paramount importance. Don’t allow a good time to devolve into a permanent blemish on your record; contact us now for a consultation and begin to erect an impenetrable line of defense in your favor.