Electric Scooter DUI Charges in South Florida: Your Rights, Defenses, and Next Steps

Many people use electric scooters throughout South Florida. Unfortunately, you could be charged with DUI while riding one and face severe penalties if you’re convicted. 

If you were arrested for an e-scooter DUI, you need to understand your rights and defense options. Our experienced South Florida DUI defense lawyers at the Law Offices of Robert David Malove are here to provide the aggressive legal advocacy you need.

Can You Get an E-Scooter DUI in Florida?

Many e-scooter riders assume Florida's DUI laws only apply to cars, but that's a dangerous misconception. Under Florida Statute § 316.193, you can be convicted of DUI for operating any vehicle while impaired by drugs or alcohol. The law defines "vehicle" broadly to include not only cars and trucks but also motorcycles, mopeds, golf carts, and, yes, electric scooters.

If a law enforcement officer suspects you are riding an e-scooter while under the influence, you can be pulled over, investigated, and arrested just like any other motorist. Specific signs of impairment officers look for include:

• Swerving or weaving between lanes
• Ignoring traffic signals or signs
• Nearly hitting objects or other vehicles
• Riding with open containers of alcohol

What Are E-Scooter DUI Penalties in Florida?

You face harsh punishments, even if your e-scooter DUI is your first offense. The judge could sentence you to the following:

• Fines of up to $1,000. You could have to pay fines of between $500 and $1,000. If there are aggravating factors, such as a higher blood alcohol content (BAC), you can be fined up to $2,000. 
• Jail sentence. You could be sentenced to up to six months in jail. You could face a longer sentence if there are aggravating factors, such as an accident causing property damage or injuries. 
• Driver's license suspension. Your driver’s license will be suspended for a minimum of 6 months up to one year. For repeat offenders, the suspension period can be five years or longer. 
• Probation. You could be placed on probation for up to twelve months. You may also be required to complete a minimum of 50 hours of community service.
• Substance abuse treatment. You may also have to attend DUI school or undergo substance abuse treatment. 
• Installation of an ignition interlock device. If your BAC was .15 or higher, or you had other aggravating factors, you may be required to install an ignition interlock device for at least six months at your own expense, even for a first offense.

Repeat offenders face even more severe enhanced penalties. In addition, an e-scooter DUI remains on your criminal record and can impact your ability to find employment and an education, secure housing, and maintain your reputation in the community.

Steps You Should Take to Protect Your Rights If You're Arrested for E-Scooter DUI in South Florida

If you're arrested for allegedly operating an electric scooter while under the influence, taking the proper steps from the start is crucial to protecting your rights and building your defense. Here's what you need to do:

Remain Calm and Be Polite

Remain polite and cooperative. Comply with instructions, but avoid admitting guilt.

Arguing with the officer or resisting arrest will only make your situation worse. You could endanger yourself or face more serious charges.

Exercise Your Right to Remain Silent

You are not required to answer questions about where you were, what you were doing, or whether you had been drinking. Politely decline to answer and request to speak with an attorney. Remember, the police can and will use any statements you make to try to convict you of e-scooter DUI.

Decline Field Sobriety Tests

Field sobriety tests are highly subjective and designed for failure. You are not legally required to submit to them. Politely refuse any requests to perform field tests.

Gather Evidence and Witness Information

If there were witnesses who saw you before your arrest and can testify that you appeared sober, get their names and contact information. Also, obtain the contact information for anyone who witnessed the police stop and arrest you. Take pictures of the scene if possible.

Contact an Attorney Immediately

The sooner you have legal representation, the better protected your rights will be. Our legal team can advise you on how to handle questioning, be present when you’re questioned, and begin developing your defense strategy.

It’s essential to keep in mind that an arrest is not a conviction. With a skilled South Florida DUI defense lawyer on your side, you have the power to fight the charges and seek the best possible outcome in your criminal case.

Defenses That Can Help You Fight E-Scooter DUI Charges

Just because you were arrested for allegedly operating an electric scooter while impaired does not mean you will automatically be convicted. Depending on the specific facts of your case, here are a few potential defenses we may use to fight the e-scooter DUI charges you face:

• Unlawful traffic stop. If the officer lacked reasonable suspicion to pull you over in the first place, any evidence obtained after the stop may be excluded. This could result in the charges being dismissed. 
• Inaccurate field sobriety or breath tests. Field tests are subjective and often unreliable. Breathalyzer devices can produce falsely high BAC readings due to improper calibration or user error. Blood tests can also be inaccurate. Our lawyers will carefully analyze the test results for problems with their accuracy. If we suspect the blood tests weren’t correct, we can seek an independent blood test to challenge the results.
• Medical conditions. Specific health issues or medications can create false positives on breath tests. Neurological conditions may cause you to appear impaired even when sober. We will raise these as defenses to challenge your e-scooter DUI if they apply to your situation.
• Rising blood alcohol. If you had a drink shortly before riding, your BAC may have been within legal limits while operating the e-scooter, but continued to rise between the traffic stop and testing.
• Constitutional violations. Unfortunately, the police could have violated your constitutional rights. If so, we may be able to file a motion to suppress illegally obtained evidence. This could significantly weaken the prosecution’s case against you. 

Discuss Your Case with a South Florida E-Scooter DUI Defense Lawyer

When you're facing e-scooter DUI charges for allegedly riding an electric scooter while impaired, the stakes are high. You need a battle-tested legal advocate to guide you through the justice system and fight for your rights. With decades of experience and a track record of success, the DUI defense lawyers at the Law Offices of Robert David Malove provide the skilled representation you need. 

Here are some of the key benefits of hiring our legal team:

• In-depth knowledge of Florida's complex DUI laws. DUI cases involve many technical, legal, and scientific issues. Our law firm focuses on DUI defense, and we thoroughly understand how to challenge the prosecution's evidence and build a winning strategy.
• Relationships with key players in the justice system. Our DUI defense lawyers know the judges, prosecutors, and law enforcement officers involved in these cases. We can use these connections to negotiate for reduced charges or a more favorable plea deal.
• Ability to identify and exploit weaknesses in the prosecution's case. We’ll meticulously review every piece of evidence against you, from traffic stop reports to breathalyzer maintenance records, to find holes in the prosecution’s case that can be used to your advantage.
• Guidance on how to minimize the impact of a DUI arrest. Our attorneys can help you take proactive steps to demonstrate your commitment to sobriety and responsibility, such as completing substance abuse treatment or community service, which can be leveraged in plea negotiations or at sentencing.
• Aggressive advocacy for your rights and future. Our legal team will fight tirelessly to protect your freedom, driving privileges, and reputation. We’ll work to exclude improperly obtained evidence, negotiate for reduced charges, and try to convince the prosecutor to drop your charges if they can't be proven beyond a reasonable doubt.

Take control of your DUI case today. The dedicated DUI defense lawyers at the Law Offices of Robert David Malove provide the skilled representation you need to achieve the best possible result in your South Florida e-scooter DUI case.