Can You Get a DUI in Maryland on an E-Bike or Scooter?

 Posted on July 29, 2025 in DUI

As e-scooters and e-bikes are on the rise across the United States, many people mistakenly assume these devices are "safe" alternatives to driving after a night of drinking. In fact, Maryland’s DUI laws may still apply, even when you are not "driving" a traditional vehicle. In some cases, operating certain electric vehicles while impaired can still constitute a violation of the law and result in criminal charges.

It is important to understand how the state addresses alternative forms of transportation and DUI charges. If you should find yourself charged with DUI or DWI after driving an electric bicycle or scooter while under the influence, do not assume that the issue is not serious and cannot have serious consequences. The sooner you speak to a Silver Spring, MD DUI attorney, the better outcome you are likely to have.

What Are Maryland Laws Regarding DUIS and Vehicles?

Under Maryland Transportation Code Section 21-902, no person shall drive a "vehicle" while under the influence of alcohol or drugs. The legal limit or BAC in the state is 0.08 percent. Title 11, Subtitle 1, § 11-176 of the Transportation Article of the Maryland Code defines a vehicle as "any device in, on, or by which any individual or property is or might be transported." Under this broad definition, the following could be included under the vehicle definition:

• E-scooters (Bird, Lime, etc.)
• Electric bicycles
• Mopeds
• Motorized skateboards
• Mini bikes

Can You Really Be Charged with DUI on Non-traditional Vehicles?

You can be charged with DUI while riding on an electric "vehicle," but whether or not you will be charged with DUI is another matter. The police can use discretion when deciding whether to issue a full DUI, a DWI, or a public intoxication citation.

Depending on the circumstances, the rider could be charged with reckless endangerment, disorderly conduct, or obstructing traffic or pedestrians. It is unlikely that an inebriated person on an e-bicycle will be charged with DUI unless his or her BAC is unusually high or the person has caused an accident or injury. Unlikely – but not impossible.

Penalty Differences Between a Maryland DWI, DUI, and Public Intoxication

In Maryland, there are differences between DUI and DWI charges. DWI charges and penalties are less severe, issued when a person has a BAC between 0.07 percent and 0.08 percent. Penalties for a first-time DWI include up to 60 days in jail, maximum fines of $500, eight points on the individual’s driver’s license, and possible license suspension.

To be charged with DUI, a person must have a BAC of 0.08 percent or higher. Penalties for a first-time DUI include up to one year in jail, maximum fines of $1,000, 12 points on the individual’s driver’s license, and potential revocation of the person’s driver’s license.  If the charges are for public intoxication, the offense is a misdemeanor, with penalties including fines of up to $100, up to 90 days in jail, or both.  Since public intoxication is not a traffic offense, no points are added to the defendant’s license.   

Are There Defenses to DUI While Driving an Electric Bicycle or Scooter?

Defenses to DUI charges while driving an electric bicycle or scooter are often the same as those used in a "traditional" DUI. An experienced DUI lawyer may challenge the validity of the traffic stop and the accuracy of field sobriety tests and breathalyzer results.

In some cases, the classification of the device may potentially be a defense, depending on the type and speed capability of the e-bike or scooter. If the device can be excluded from being classified as a vehicle, then this could be a viable defense.

Contact a Montgomery County, MD DUI Attorney

If you have been charged with DUI or DWI while riding an e-bike or scooter, consult a Silver Spring, MD DUI lawyer from The Law Offices of Gerstenfield & Demirji, PC. as soon as possible to understand your options. We are available 24/7 and offer warmth, compassion, and experience to our clients. With excellent relationships with prosecutors, we take an aggressive approach when necessary and are fluent in Arabic and Spanish. Call 301-589-9500 to schedule your free consultation.