
What are the Penalties for a DUI in Hillsborough County, Florida?
One of the top questions we are asked by those who have been charged with a DUI is this: what will happen if I’m convicted?
In warm weather cities like Tampa, mopeds and electric scooters are a popular way to get around – especially with electric scooters being publicly available as part of the city’s ride-sharing programs. But what happens when you have a few drinks and use an electric scooter to get home? You might be surprised to learn that you can get a scooter DUI in Tampa, and if you have a suspended license due to another DUI you may face more penalties if you’re caught using an electric scooter. Our team at Russo, Pelletier & Sullivan can help if you’re facing the murky waters of a scooter DUI in Hillsborough County.
Is an Electric Scooter a Vehicle in Florida?
There are a few reasons you can be arrested for a DUI when you’re on a scooter. First, it has to do with the definition of a vehicle in Florida. Florida Statutes section 306.003(75), defines a vehicle as every device, in, upon, or by which any person or property is transported or drawn upon on a highway, except devices used exclusively upon stationary rails or tracks.
Mopeds and motorized scooters can never be operated on a public street or highway, regardless of driver’s license status because they cannot be lawfully registered and assigned a tag due to the requirements of Florida Statute section 320.02(9) and the manufacturing safety standards of the federal “Motor Vehicle Safety Act.” (See the National Traffic and Motor Vehicle Safety Act of 1966.)
Let’s break this down further.
Motorized scooter (cannot be operated on a public street or highway) – is defined as any vehicle not having a seat or saddle for the use of the rider, designed to travel on not more than three wheels, and not capable of propelling the vehicle of a speed greater than 30 miles per hour on level ground, per Florida Statute section 316.003(82).
Moped (requires a driver’s license) – is defined as any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels; with a motor rated not in excess of two brake horsepower and not capable of propelling the vehicle greater than 30 miles per hour level ground; and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters, per Florida Statutes 316.003(77).
How Can You Get a DUI on an Electric Scooter?
Why does it matter if an electric scooter is legally a vehicle? Because in Florida, you can be found guilty of a DUI if you are found to be operating a vehicle with BAC of .08 or higher. Notice the term is not “found guilty of operating a car” but a vehicle of any kind. If convicted, you could face the same punishment as if you had been caught driving a car.
Further, just because a scooter may not be able to drive on the street does not mean you don’t need a license to operate it, which means if you’re driving an electric scooter but have a suspended driver’s license due to a previous DUI, you may still find yourself in hot water (especially if illegally operating the scooter on the street). Pursuant to Florida Statutes 322.01(26) and 322.03(1), if you operate any motor vehicle on the public streets or highways of Florida, you must have a driver’s license. You can be charged with a scooter DUI in Hillsborough County if you’re operating a vehicle without a license and have been drinking.
Scooter DUI in Tampa? We Can Help.
A Tampa scooter DUI can be complicated, which is why you should call Russo, Pelletier & Sullivan today. Our team of attorneys handles complex and unique DUI situations, including scooter DUI in Hillsborough County. Give us a call today to find out how we can help.
Request a FREE consultation today by giving us a call at (727) 578-0303, or submitting our consultation request form.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
One of the top questions we are asked by those who have been charged with a DUI is this: what will happen if I’m convicted?
When you’re facing a DUI in Hillsborough County, you will be offered a public defender by the court. You might even have the idea to
There are hundreds of law firms in Florida, dozens to choose from in Tampa alone. So why choose Russo, Pelletier & Sullivan in Tampa? What
If you’ve been charged with a DUI in Hillsborough County, the team at Russo, Pelletier & Sullivan should be your first call. Navigating a DUI
When you’re looking for the right attorney to represent you, it’s important to know that the person fighting for you has the courage of his
Getting your license taken away is often a penalty for a DUI arrest, but what can you do if you need your driver’s license for
Defense services for DUI offenses in Tampa Bay.
24 Hours a Day, 7 Days a Week
504 N Armenia Ave.
Tampa, FL 33609
Baypoint Commerce Center – Koger Building
9721 Executive Center Dr N,
Suite 120
St. Petersburg, FL 33702
Wilder Center
3000 Gulf to Bay Blvd.
Suite 100
Clearwater, FL 33765
©2021 Russo, Pelletier & Sullivan, P.A. All Rights Reserved. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site provides general information only since the facts and circumstances of your case are unique. The information presented on this website is not to be interpreted as formal legal advice nor does it constitute the formation of an attorney/client relationship.