Picture the following scenario:
You had a few drinks with your friends and realized that you are too drunk to drive your car. So, you decide to rent an electric scooter instead. After all, it is not a motor vehicle, which means you cannot be charged with DUI, right?
Wrong. As any Miami criminal defense attorney can tell you, you can be charged with DUI for operating a vehicle when you are drunk – even if the vehicle in question happens to be an electric scooter.
Florida Laws on Electric Scooters
Section 306.003 of the Florida Statutes defines the term ‘vehicle’ as any device using which a person or property can be transported from one place to another. Any motorized device which fits the aforementioned definition – whether it is an electric scooter, golf cart, or even a lawn mower – will be considered a vehicle under the law.
What it means is that while riding an e-scooter, you are supposed to follow the rules of the road and you are subject to the same traffic laws that a motorist is subject to.
This is why police officers in Florida have the right to charge you with a DUI – even if you are caught riding an e-scooter. You can defend yourself with the help of a Miami criminal defense lawyer – just as you would if you had been arrested for driving a car under the influence of alcohol.
BAC Limit For Riding Electric Scooters
According to Section 316.193 of the Florida Statutes, you can be charged with DUI if you are caught riding an electric scooter – or any vehicle which fits the aforementioned definition – with a BAC of 0.08 or above.
If your faculties are visibly impaired or if your breath test shows a BAC of 0.08 or above, you will be arrested and charged with DUI. You have the same rights as a motorist does in such a situation – you have the right to remain silent, to refuse to perform field sobriety tests, to call a Miami criminal defense attorney, and so on.
Fighting DUI Charges in Florida
DUI charges in Florida – irrespective of the vehicle you were caught riding or driving – carry severe penalties – ranging from fines to imprisonment. So, you should contact a Miami criminal defense lawyer as soon as you are able to do so.
Depending on the circumstances, your attorney might use one or more of the following defenses to fight the charges against you. These include:
- You were unlawfully stopped by the police
- The officer who made the arrest violated your Miranda rights
- The prosecution violated the rules of evidence and procedure
- Your breath test was not administered in a proper manner
- Your breath test results are inaccurate or unreliable
Choose the Right Miami Criminal Defense Lawyer to Fight Your DUI Charges
Attorney Chad Piotrowski is committed to fighting for the rights of Florida residents who are charged with DUI and other related charges. Being a former prosecutor, Chad Piotrowski knows what prosecutors in Florida do to secure convictions in DUI cases and can mount an appropriate defense to protect your rights and freedom.
Call Piotrowski Law today at 305-783-3436 or reach us online for a confidential and free consultation.