Utah’s DUI Laws and Scooters: How Utah Defines a DUI
Under Utah Code § 41-6a-502, a person is guilty of driving under the influence if they:
- Have a blood alcohol concentration (BAC) of 0.05% or higher (Utah has the lowest legal BAC limit in the country), or
- Are under the influence of alcohol, drugs, or any other substance that impairs their ability to safely operate a vehicle.
Utah law broadly defines a “vehicle” under Utah Code § 41-6a-102(58) as any device that transports a person or property on a highway, except those moved by human power (such as bicycles). Because electric scooters are motorized and not solely human-powered, courts are likely to interpret the statute as including them under the definition of a vehicle, meaning DUI laws apply.
Can You Drink While Riding a Scooter?
Utah has a specific law under Utah Code § 41-6a-526 that prohibits consuming alcohol while operating a motor-assisted scooter, even if the rider is not legally intoxicated. This means that even sipping alcohol while on a scooter could be charged as an additional offense, separate from a DUI charge.
Penalties for a DUI on a Scooter in Utah
Getting a DUI on an electric scooter would carry essentially the same penalties as a DUI in a car. These can include:
- Fines: A first-time DUI offense in Utah can result in fines starting at $1,310 plus court costs.
- License Suspension: Even though scooters don’t require a driver’s license, a DUI conviction can lead to the suspension of driving privileges for all motor vehicles.
- Jail Time: A first offense can carry a minimum of 48 hours in jail, while repeat offenses can result in longer sentences.
- DUI Education & Probation: Offenders may be required to complete an alcohol education program, probation, or community service.
- Ignition Interlock Device: If convicted, you may be required to install an ignition interlock device on your vehicle, even if your offense occurred on a scooter.
For repeat offenders or cases involving high BAC levels, a combination of drugs and alcohol, or injuries, penalties can increase significantly, including potential felony charges.
How Utah Police Enforce Scooter DUIs
Law enforcement officers can actively monitor scooter riders for signs of intoxication, especially in areas with high bar activity, such as downtown Salt Lake City or Park City during ski season. Officers may stop riders for:
- Weaving or swerving in traffic
- Failing to obey traffic signals
- Reckless operation of a scooter
- Public intoxication, which can also result in a separate charge
If stopped, riders may be subjected to a field sobriety test or a breathalyzer test just like drivers of cars.
Alternatives to Riding a Scooter After Drinking
If you’ve been drinking, it’s best to avoid riding a scooter altogether. Instead, consider:
- Public transportation: Utah has a reliable public transit system, including TRAX light rail and UTA buses.
- Rideshare services: Uber and Lyft operate throughout Utah and are a safer alternative.
- Walking: If your destination is close, walking is a legal and safe alternative.
Conclusion
Yes, you can get a DUI on an electric scooter in Utah. The state’s DUI laws, outlined in Utah Code § 41-6a-502, apply to motorized vehicles, including e-scooters, and penalties can be severe—ranging from fines and license suspension to jail time. Additionally, Utah Code § 41-6a-526 makes it illegal to drink alcohol while operating a scooter, even if you are not over the legal BAC limit.
To stay safe and avoid legal trouble, always ride responsibly and never operate a scooter under the influence. If you need transportation after drinking, choose a safer alternative like public transit or a rideshare service.