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

E-Scooters, Electric Bikes, and DUI Laws in Chicago

Chicago is a city constantly on the move. Whether you’re commuting through the Loop, heading to the lakefront, or enjoying a weekend festival in Lincoln Park, electric scooters and e-bikes offer fast and flexible transportation. But there’s one thing many people don’t realize: you can be arrested for DUI while riding a micromobility device like a scooter or electric bike in Illinois.

This isn’t just a quirky misunderstanding of the law — it’s a criminal offense with real and lasting consequences. Under Illinois law, DUI charges apply not only to drivers of traditional vehicles but also to those operating motorized transportation in public places while under the influence of alcohol or drugs. That includes e-scooters and electric bikes, even if you never exceeded 15 miles per hour.

As a longtime criminal defense attorney in Chicago, I’ve represented individuals from all walks of life who were shocked to find themselves charged with a DUI for what seemed like harmless behavior. Whether it happened outside a concert at United Center or after a Cubs game in Wrigleyville, the charge is the same — and the consequences are serious.

A first-time DUI in Illinois is generally charged as a Class A misdemeanor, which carries up to 364 days in jail, a maximum fine of $2,500, and a mandatory driver’s license suspension. But DUIs involving bodily harm, prior convictions, or additional aggravating factors can lead to felony charges — including Class 4, 2, or even Class 1 felonies depending on the facts.

Riding a scooter or e-bike doesn’t shield you from prosecution. On the contrary, because you’re operating a device that meets the state’s definition of a “vehicle,” you’re held to the same legal standards. If law enforcement believes you’re impaired, you can be stopped, arrested, and prosecuted just as if you were driving a car.

Illinois DUI Statutes and How They Apply to Micromobility Devices

The cornerstone of Illinois DUI law is 625 ILCS 5/11-501, which makes it illegal to operate any vehicle while under the influence of alcohol, drugs, or intoxicating compounds. The statute defines “vehicle” broadly, and courts have interpreted it to include more than just cars or motorcycles. While Illinois law defines bicycles separately under 625 ILCS 5/1-106, electric bikes and scooters occupy a gray area — and that’s where many people get caught off guard.

Electric scooters and Class 2 or Class 3 e-bikes are often motor-assisted, battery-powered, and capable of speeds that make them subject to closer scrutiny under DUI laws. According to 625 ILCS 5/1-217, a “vehicle” is defined as “every device, in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power.”

That means if the scooter or e-bike you’re riding is powered by a motor and being used on a public road or sidewalk, it likely qualifies as a “vehicle” for purposes of DUI enforcement.

Once you’re stopped, police may look for signs of impairment, including slurred speech, glassy eyes, or the smell of alcohol. You could be asked to perform field sobriety tests or submit to a breathalyzer. Refusing chemical testing under Illinois’ implied consent law (625 ILCS 5/11-501.1) results in an automatic license suspension — even if you weren’t driving a car.

If you’re charged, you could face penalties including:

• Jail time or probation
• Mandatory alcohol education or treatment
• Fines and court costs
• Community service
• Revocation or suspension of your driving privileges
• Installation of an ignition interlock device (even if you weren’t driving a car)

Whether it’s a misdemeanor or felony depends on the circumstances. For instance, a second DUI offense, a DUI with a child passenger, or a DUI resulting in serious injury or death can lead to felony charges under 625 ILCS 5/11-501(d).

The Criminal Case Process and Penalties in Illinois DUI Cases

In Illinois, a criminal case usually begins when a police officer witnesses a suspected violation and makes an arrest. Once you’re taken into custody, you’ll be booked and processed at the local police station. In Chicago, that typically means holding at the district level before being transferred to a Cook County bond court, where your initial appearance will take place.

From there, the prosecution must decide whether to formally file charges. The State’s Attorney evaluates police reports, officer statements, and any chemical or field sobriety test results before issuing charges. If the case proceeds, you’ll receive a court date and begin the pretrial process.

Pretrial involves several stages:

• Discovery, where evidence is exchanged
• Motions, including to suppress evidence or dismiss the case
• Negotiations, which may lead to plea agreements or diversion

Should your case proceed to trial, the prosecution must prove beyond a reasonable doubt that:

1. You were operating a “vehicle” on a public highway
2. You were under the influence of alcohol, drugs, or intoxicants
3. Your BAC was .08 or higher, or impairment was visible through conduct and testimony

Conviction for a first-time DUI typically results in misdemeanor penalties. But aggravating circumstances like a high BAC, prior offenses, or injuries can escalate your case to a felony under Illinois law. A felony DUI may include:

• Mandatory prison time
• Long-term license revocation
• Loss of employment or professional licenses
• Felony record that permanently impacts your life

The conviction remains on your record and cannot be expunged under current Illinois law. It can affect your ability to obtain housing, employment, or loans.

Legal Defenses, Benefits of Legal Counsel, and How to Choose the Right Attorney

The best way to protect your rights is to hire an experienced DUI defense attorney immediately after arrest. The earlier you retain counsel, the more effective your defense can be — especially in DUI cases involving micromobility devices, where the definition of “vehicle” and the collection of evidence are open to challenge.

One of the most effective defenses is to question whether the device qualifies as a vehicle under Illinois DUI laws. If the e-scooter or electric bike does not fall within the statutory definition, the entire case may be dismissed.

Other defenses include:

• Challenging the legality of the stop
• Invalid or improperly administered field sobriety tests
• Inaccurate breathalyzer or chemical test results
• Unlawful arrest or lack of probable cause
• Rising BAC defense (you were under .08 while riding but BAC rose after)

Hiring a defense lawyer ensures that no opportunity to challenge evidence is missed. Your attorney will scrutinize police conduct, file motions to suppress, and negotiate for dismissals or reductions. An attorney can also represent you in DMV hearings related to license suspensions and advise you on how to minimize damage to your record and reputation.

Look for a criminal defense attorney who:

• Practices exclusively or predominantly in criminal law
• Has extensive experience defending DUI cases
• Understands how DUI laws apply to micromobility and non-traditional vehicles
• Offers aggressive courtroom representation and sound negotiation skills

When you attend a free consultation, ask:

• Have you handled cases like mine before?
• What are my chances of getting the case dismissed?
• What strategies will you use to challenge the arrest?
• Will you be personally handling my case?
• How often do your cases go to trial versus settle?
• What is your availability for court dates and emergencies?

DUI Arrests on E-Scooters and E-Bikes in Chicago

Can I Be Arrested for DUI on a Divvy E-Bike in Downtown Chicago?
Yes. Divvy e-bikes are motor-assisted and, when used on public streets or sidewalks, fall under Illinois’ DUI laws. If you’re impaired while operating one, especially in high-traffic areas like the Loop or West Loop, you could be arrested.

What Happens If I’m Caught Riding a Scooter Drunk Outside Wrigley Field?
You’ll likely be charged with a Class A misdemeanor DUI. If you refuse chemical testing, you’ll also face license suspension. Depending on your BAC and history, you could face jail time or court-ordered alcohol treatment.

Can I Be Charged If the Scooter Was Parked or Off When Police Approached?
Possibly. If there’s evidence you operated the scooter while impaired — including surveillance footage, witness statements, or officer observation — you can still be charged, even if you were off the scooter when stopped.

Does a DUI on a Scooter Affect My Driver’s License in Illinois?
Yes. Illinois’ implied consent law applies to all DUI arrests. Refusing testing results in automatic suspension. A conviction — even on a scooter — may lead to license suspension or revocation depending on prior history.

Can I Beat the Case If the Officer Never Gave Me a Breath Test?
Potentially. The prosecution can rely on field sobriety tests, officer testimony, and other observations. But without chemical evidence, it may be harder to prove impairment beyond a reasonable doubt — which your defense attorney can exploit.

Are DUI Checkpoints Used Against Scooter Riders?
While rare, riders passing through DUI checkpoints could be stopped and tested if they appear impaired. If police suspect you’re intoxicated on any type of motorized vehicle, they may initiate a stop.

Can a Felony DUI Apply to an E-Scooter Accident?
Yes. If you injure someone while operating a scooter while intoxicated, you could face a felony DUI under 625 ILCS 5/11-501(d). If serious bodily injury occurs, the penalties increase significantly, including prison time.

How Do Police Gather Evidence in E-Scooter DUI Cases?
Police rely on video footage, eyewitness accounts, field sobriety tests, and BAC testing. In some cases, ride-share data or scooter GPS records may be subpoenaed to prove operation and timeline.

Why You Need a Lawyer – And Why The Law Offices of David L. Freidberg Is the Right Choice

Fighting a DUI charge in Chicago requires more than general legal knowledge. It takes a strategic approach that accounts for local court procedures, prosecutor tendencies, and evidentiary standards — especially for scooter and electric bike DUIs that are often built on shaky assumptions and vague statutes.

Without a criminal defense attorney, you face:

• Higher likelihood of conviction
• Missed opportunities for dismissal
• Lost driving privileges
• Long-term record damage

At The Law Offices of David L. Freidberg, we offer relentless defense strategies backed by decades of courtroom experience. We represent clients throughout Chicago and surrounding counties, including Cook, DuPage, Will, and Lake County.

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.