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As electric scooters and bicycles become more popular in urban environments, understanding the legal landscape surrounding their use is crucial. In San Bernardino, California, the rise in usage of these alternative transportation methods has brought about questions regarding the application of DUI laws.
Overview of DUI Laws in California
DUI laws in California are mainly intended to stop people from operating motor vehicles while impaired by drugs or alcohol. Driving a vehicle when under the influence of drugs or alcohol to the point where it makes it unsafe to operate the vehicle is prohibited by California Vehicle Code Section 23152. A BAC of 0.08% or above is also considered illegal.
Types of Vehicles Covered
Traditionally, DUI laws have been associated with cars, trucks, and motorcycles. However, the definition of a “vehicle” under California law is broad. It encompasses a variety of transportation methods, which include electric scooters and bicycles, which are increasingly prevalent on city streets.
Electric Scooters and DUI Laws
Regulation of Electric Scooters
Electric scooters, often referred to as e-scooters, are defined under California law as motorized scooters. According to California Vehicle Code Section 21235, riders of electric scooters are subject to several regulations, including the requirement to have a valid driver’s license or permit, wear a helmet if under 18, and adhere to traffic laws applicable to motor vehicles.
Application of DUI Laws to Electric Scooters
The application of DUI laws to electric scooters is clear: operating an e-scooter while under the influence of alcohol or drugs is illegal. California Vehicle Code Section 21221.5 specifically addresses this issue, stating that anyone operating a motorized scooter on a highway while under the influence of alcohol or drugs is subject to the same penalties as those driving a motor vehicle under the influence.
Penalties for DUI on Electric Scooters
The penalties for a DUI on an electric scooter are similar to those for a DUI in a car, which can include fines, mandatory DUI education programs, and potentially jail time. Additionally, a conviction can impact a rider’s driving record and result in the suspension or revocation of their driver’s license.
Bicycles and DUI Laws
Regulation of Bicycles
In California, bicycles are likewise governed by traffic laws. Bicyclists are entitled to the same rights and obligations as drivers under California Vehicle Code Section 21200, which includes abiding by all traffic signals, signs, and DUI laws. When using a motorized bicycle, a drunk driver is subject to the same laws and regulations as when operating an electric scooter or a car.
Penalties for DUI on Bicycles
The penalties for a DUI on a regular bicycle are generally less severe than those for electric bicycles and other motor vehicles but are still significant. A conviction can result in a fine of up to $250. Additionally, the court may require the offender to attend DUI education programs.
Comparing DUI Laws for Electric and Non-Electric Scooters and Bicycles
Legal Definitions and Differences
Both electric scooters and bicycles and non-electric versions are subject to DUI laws, but there are notable differences in their legal definitions and regulations. Electric scooters and bicycles are classified as motorized vehicles, and this distinction impacts the severity of penalties and the application of certain traffic laws.
Penalties and Consequences
The penalties for a DUI on an electric scooter or bicycle are generally more severe than those for a non-electric scooter or bicycle. Electric devices are considered motorized vehicles, aligning their regulations more closely with those for cars and motorcycles. Bicyclists, while still subject to DUI laws, face lighter penalties due to the non-motorized nature of their vehicles.
Impact on Driving Records
One significant difference is the impact on driving records. A DUI on an electric scooter or bicycle can affect a rider’s driving record and lead to license suspension or revocation. In contrast, a regular bicycle or scooter being driven under the influence may not impact the offender’s driving record, although it can still result in fines and mandatory education programs.
Practical Implications for Riders
Legal Responsibilities
Riders of electric scooters and bicycles in San Bernardino must be aware of their legal responsibilities. Riders need to familiarize themselves with local laws and adhere to them to avoid penalties and ensure their safety.
Alternatives to Riding Under the Influence
For those who have consumed alcohol or drugs, alternative transportation options are crucial. Public transportation, ridesharing services, or arranging a designated driver are viable alternatives to riding an electric scooter or bicycle while impaired. Taking these precautions can prevent accidents and legal consequences.
Seek Legal Guidance
San Bernardino’s DUI laws extend beyond traditional motor vehicles to include electric scooters and bicycles. Whether on two wheels or four, the responsibility to ride sober is paramount in ensuring the safety and well-being of all road users in San Bernardino.
If you’re facing a DUI charge, schedule a free consultation with Patrick Silva, Attorneys at Law today by calling 909-500-4819.
