After a night out, you might know you’ve had too much to drink. You may want to make what seems like the responsible choice and leave your car. Instead of getting behind the wheel, you hop on your bicycle or electric scooter to get home.
Since you are not driving a car, that means you cannot get a DUI, right?
That is not always true. The answer depends on the type of vehicle. South Carolina law treats bicycles, mopeds, and motorized scooters differently. Here is what you need to know to avoid a DUI on a bicycle or scooter in South Carolina.
What About Bicycles and DUIs?
South Carolina’s DUI law applies to those who operate a motor vehicle while under the influence of alcohol or drugs. A traditional bicycle is not considered a motor vehicle for purposes of the state’s DUI statute. As a result, riding a bicycle while impaired may not lead to a DUI charge.
However, that does not mean riding a bicycle while intoxicated does not have consequences.
An impaired cyclist can still be cited for traffic violations or face other criminal charges. This can happen if their actions endanger others, cause an accident, or violate other parts of South Carolina law.
Before getting on a bike, remember that alcohol impairs balance, reaction time, and judgment. Unfortunately, that can make serious injuries much more likely.
While riding a bicycle instead of a car may reduce the risk of being charged, it does not eliminate safety concerns.
What About Mopeds?
Mopeds are a different story. Unlike a bicycle, a moped is a motorized vehicle. And that makes it governed by its own set of laws.
Under current South Carolina law, operating a moped while under the influence can expose a rider to DUI-related charges, even though mopeds have historically been treated differently from passenger vehicles.
Many people mistakenly assume a moped is treated the same as a bicycle. But in reality, the legal consequences can be much more serious.
If you’ve been drinking, the safest decision is to avoid operating a moped, or you could end up with a criminal charge.
Can You Get a DUI on an Electric Scooter?
This is not an easy answer. Electric scooters come in different designs and specifications. Some are low-speed stand-up scooters designed for short trips, while others are more powerful motorized vehicles.
Whether South Carolina’s DUI laws apply depends on the specific type of scooter and its classification under state law. Since these devices vary, there is no one-size-fits-all answer.
If someone is arrested while operating an electric scooter after consuming alcohol, you will need a DUI defense lawyer to evaluate the facts of the case. They will need to look at the type of scooter involved and whether South Carolina’s DUI laws apply.
Your Choice Does Have Consequences
Many people believe they are making a responsible decision by leaving their car behind. Driving under the influence is one of the leading causes of serious crashes and fatalities. Choosing not to drive a car after drinking is always the better choice.
But replacing your car with another type of vehicle does not automatically eliminate the possibility of criminal charges. The laws involving bicycles, mopeds, and motorized scooters are not the same. Unfortunately, what is legal in one situation may not be legal in another.
If you’ve been drinking, the safest option is also the easiest:
- Call a rideshare service
- Take a taxi
- Ask a sober friend or family member for a ride
- Wait until you’re sober before traveling
These options can help you avoid unnecessary risks to your safety and your future.
Are You Facing DUI Charges in South Carolina?
DUI cases are complicated enough. But when these cases involve vehicles other than passenger cars, you will want to reach out to a lawyer. The classification of the vehicle, the facts surrounding the stop, and the evidence collected by law enforcement can all play an important role.
If you’ve been charged with DUI on a bicycle or scooter in South Carolina speaking with an experienced attorney as soon as possible can help you find the right options.
At Truslow & Truslow PA, we are ready to help. Schedule a consultation today to discuss your case.