Can You Really Get a DUI in Illinois for Riding an E-Scooter or Electric Bike?

Chicago is a city full of surprises. One moment, you’re zipping through River North on an electric scooter, the next, you’re being handcuffed and accused of driving under the influence. For many riders, it’s hard to believe — but under Illinois law, you can absolutely be arrested and prosecuted for DUI even if you weren’t behind the wheel of a car. All it takes is being impaired and operating something legally defined as a “vehicle” — and that includes certain e-scooters and electric bikes.

This reality has become more common as micromobility devices have flooded Chicago streets. Whether it’s a Divvy e-bike or a rentable Lime scooter, more people are opting for compact, motor-assisted rides. But with popularity comes police attention. Especially in nightlife areas like Wicker Park, West Loop, and downtown, law enforcement is cracking down on riders suspected of being under the influence.

The assumption that DUI laws only apply to automobiles can land you in serious legal trouble. If you were stopped while riding a scooter after having a few drinks or using cannabis, the officer might initiate a DUI investigation. What happens next could change your life — unless you know your rights and have the right legal representation.

How Illinois Defines “Vehicle” in DUI Cases

At the heart of this issue is the legal language used in Illinois statutes. DUI charges are governed by 625 ILCS 5/11-501, which makes it a crime to operate any “vehicle” while under the influence of alcohol, drugs, or intoxicants. The term “vehicle” is broader than most people realize. Under 625 ILCS 5/1-217, a “vehicle” means any device that transports people or property on a highway — except devices moved exclusively by human power.

Electric scooters and e-bikes, which are powered by a motor even in part, generally fall under this umbrella. That’s what opens the door to prosecution, especially when the scooter is used on public roads, sidewalks, or bike lanes — all of which are common in urban neighborhoods throughout Chicago.

Riders may argue that scooters and e-bikes aren’t as dangerous as cars, but the law doesn’t carve out an exception for that. If a police officer observes you swerving, riding erratically, or appearing intoxicated, you may be stopped and investigated just as if you were behind the wheel of a car.

DUI Penalties for E-Scooter and E-Bike Riders

A DUI arrest involving an e-scooter or e-bike triggers the same process and penalties as a standard DUI. For a first-time offender, this is typically a Class A misdemeanor, punishable by:

Up to 364 days in jail
A fine of up to $2,500
Mandatory substance abuse education or treatment
Minimum one-year suspension of your driver’s license
Probation and community service

But things can escalate quickly. If there’s a prior DUI conviction, or if the case involves serious injury or a passenger under 16, felony charges can apply. That means potential prison time and long-term damage to your criminal record. Even without aggravating factors, a conviction creates a permanent mark that cannot be expunged under Illinois law.

If you refused a breathalyzer or blood test, Illinois’ implied consent statute — 625 ILCS 5/11-501.1 — authorizes automatic license suspension. The Illinois Secretary of State will issue a Statutory Summary Suspension, even if your scooter didn’t require a license to operate. Why? Because your driver’s license is tied to your ability to comply with DUI investigations — regardless of the type of vehicle involved.

Evidence Used by Police in E-Scooter and E-Bike DUI Cases

Law enforcement relies on several types of evidence to support DUI charges:

Officer observations of erratic driving or intoxication
Field sobriety test results
Breathalyzer or blood test results
Bodycam or dashcam footage
GPS or ride data from shared scooter companies
Witness statements or surveillance footage

These elements are all fair game in court. Just because the ride is smaller doesn’t mean the case is weaker. Prosecutors will work hard to prove that you were impaired, and the burden will fall on your defense attorney to raise doubt or suppress flawed evidence.

What Happens After You’re Arrested?

After the arrest, you’ll likely be transported to the local police station, fingerprinted, and processed. You’ll then be scheduled for a bond hearing in Cook County court. From there, your case moves into the criminal process, starting with arraignment, pretrial hearings, and potential motions.

You’ll have to appear in court multiple times. Discovery will allow your attorney to examine the evidence against you, including officer reports, test results, and any recordings. This stage is critical — it’s where many cases are either resolved through motions or positioned for trial.

Legal Defenses Against E-Scooter or E-Bike DUI Charges

Fighting these charges successfully requires an experienced defense strategy. Your attorney may challenge the traffic stop, argue that the scooter or e-bike doesn’t meet the legal definition of a “vehicle,” or attack the reliability of the field sobriety tests. Additional defenses may include:

Lack of probable cause
Improperly conducted tests
Rising blood alcohol levels
Violations of your constitutional rights
Chain-of-custody issues with chemical evidence

In some cases, your attorney may seek to reduce the charge or negotiate alternative resolutions, such as court supervision, which can avoid a criminal conviction.

Consequences Beyond the Courtroom

Even if you don’t face jail time, a DUI conviction has long-term effects:

Suspension or revocation of your driver’s license
Skyrocketing insurance rates
Barriers to employment, housing, or professional licenses
Public criminal record
Immigration consequences for non-citizens

These penalties are no different simply because the DUI happened on a scooter or e-bike. You’ll be treated as if you were operating any motorized vehicle, which makes defending your rights critical.

Why Hiring a DUI Defense Lawyer Is Crucial

If you’ve been arrested for DUI in Chicago while riding an e-scooter or e-bike, don’t assume the charges are minor. Prosecutors won’t treat them that way. From the moment you’re charged, you’re facing the full weight of Illinois criminal law — and you need someone in your corner who knows how to dismantle the case.

A good defense attorney can:

Review and challenge every piece of evidence
Argue technical and procedural flaws
Negotiate reduced charges or alternatives to conviction
Represent you in DMV hearings
Protect your rights at every stage

The earlier you hire a lawyer, the more options you’ll have. An attorney can intervene before charges are even filed or explore pretrial diversion opportunities that may keep your record clean.

What to Ask in Your Free Consultation

When you’re looking for legal representation, ask the right questions:

Have you handled DUI cases involving scooters or electric bikes?
What percentage of your cases involve DUI defense?
What strategies would you use in a case like mine?
What are your success rates in Cook County?
How quickly can you start representing me?

These questions will help you separate general practitioners from seasoned DUI attorneys who understand how to approach unique micromobility cases.

Why Choose The Law Offices of David L. Freidberg

At The Law Offices of David L. Freidberg, we have decades of criminal defense experience in Chicago. We’ve successfully defended clients charged with DUI on scooters, bikes, motorcycles, and vehicles of all types. We know how to challenge the assumptions prosecutors make and present a strong defense that gives our clients the best possible outcome.

We serve clients across Chicago and surrounding areas, including Cook County, DuPage County, Will County, and Lake County. Our firm is available 24/7 because we know arrests don’t happen on a 9-to-5 schedule.

Call Now – The Law Offices of David L. Freidberg Is Ready to Help

If you were arrested in Chicago for DUI, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.