A popular misconception people have is that a driving under the influence (DUI) charge on a motorcycle is less severe than a traditional car DUI. There is not a complete answer on why people think this way. Some believe that because there are far fewer motorcycles on the road, police officers and prosecutors pay less attention to motorcyclists. Others believe because there are far less DUI arrests involving motorcycles the drivers are treated differently. Lastly, some believe that since motorcyclists are more likely to injure themselves rather than the other driver in an accident, there is less concern about motorcycle DUIs. None of these beliefs are true.

Arizona DUI laws and penalties for motorcycle drivers are not any different from those in cars. A person will be held responsible no matter what motor vehicle is being operated. If suspected of DUI in Arizona, a person can expect harsh results. According to Mothers Against Drunk Driving (MADD), Arizona is one of the strictest states regarding DUI enforcement. For every state in the nation, MADD uses a rating between 1-5 based on a cumulative total that measures each state’s success in overall legislative measures and law enforcement support against drunk driving. Arizona has consistently received the highest score among the 50 states, and is the only state currently receiving a perfect score of 5. Continuing, MADD has given Arizona zero recommendations and ways to improve its drunk driving laws and enforcement. As a leader in DUI laws and enforcement, a person should expect that violating any of Arizona’s DUI laws will lead to grave consequences. With this knowledge of how strict on DUIs Arizona, a person should know of how she may be arrested for a DUI.

Can I get a DUI on a Scooter?

A metropolitan craze, rentable electric scooters are popping up on nearly every street corner of Arizona’s most popular cities. These scooters offer quick and fun transportation around the city. But can a person have a couple drinks and then drive one of these scooters to go bar-hopping? Technically, a person cannot be charged with a DUI for operating an electric scooter under the influence.

In Arizona, a person can only receive a DUI conviction if that person is in actual or physical control of a motorized vehicle. Before August of 2019, Arizona law had no answer for the question of whether the law considered an electric scooter to be a vehicle. If the scooter were to be a vehicle, then riders would be subject to DUI laws. If not, then riders of these scooters were more like traditional bicyclists. With this confusion, some Arizona cities developed their own ordinances involving electric scooters and DUIs. For example, in Scottsdale it is illegal to ride an electric scooter if under the influence of alcohol or drug. To address this issue at the State level, a bill was passed that defined what an electric scooter is.

Senate Bill 1398 defines an electric miniature scooter as one that:

• Weighs less than 30 pounds
• Has 2 or 3 wheels
• Has handlebars
• Has a floorboard to stand on
• Can be powered by electricity and/or a human
• Has a maximum speed of 10 mph

An electric standup scooter is defined as a device that:

• Weighs less than 75 pounds
• Has 2 or 3 wheels
• Has handlebars
• Has a floorboard that a rider can stand on
• Can be powered by an electric motor and/or a human
• Has a maximum speed of 20 mph

What these definitions clarify is that electric scooters distinct from motorized vehicles under Arizona law. However, while the State does not consider electric scooters as a motorized vehicle, some Arizona cities, like Tempe, are still bringing DUI charges against people operating the scooters under the influence of drugs or alcohol. Because of this, it is important to understand DUI arrests and the possible penalties.

Motorcycle DUI Arrest and Penalties

Arizona is known for its severe DUI laws and penalties. Lesser known is how easy it is for an officer to arrest someone for a DUI. Multiple Arizona statutes give officers ample opportunities to arrest someone for a DUI. The most common and versatile statute used is A.R.S. § 28-1381(A)(1). This statute forbids someone from driving or being in actual physical control of a vehicle if that person is impaired to the slightest degree from the influence of a drug or alcohol. The underlined language is what makes this statute so common and versatile. Arizona prosecutors love the language’s broad application, so police officers are encouraged to use this flexible statute to make arrests.

A.R.S. § 28-1381(A)(1) gives officers and prosecutors a metaphorical “second bite at the apple” when dealing with someone suspected of a DUI. Nearly everyone knows that it is against the law to drive if a person’s blood alcohol content (BAC) level is .08 or more. But what if the person’s BAC is .07 or lower? A.R.S. § 28-1381(A)(1)’s broad “impaired to the slightest degree” language gives an officer another chance at arresting that person for a DUI. To make an arrest using this statute, all the officer must determine at this point is:

1. That the person is under the influence of a drug or alcohol; and
2. That the drug or alcohol has impaired the person to the slightest degree.

Once arrested under this statute, the deck is stacked against the defendant. The defendant must prove she was not impaired to the slightest degree. However, this like boxing shadows as there is no definition for what exactly is “impaired to the slightest degree.” Instead, a jury, without any instruction on what impaired to the slightest degree means or looks like, decides whether the defendant was impaired. All the jury may rely on is the evidence it heard presented at trial. This evidence will likely include the defendant’s driving habits, observed driving behavior, presence of a collision, field sobriety test performance, and the results from any blood drawn from the defendant. Prosecutors will provide all of this information to the jury in an effort to paint a picture that the defendant at a minimum was slightly impaired. Because of the ample amount of evidence that the defendant will be up against and the low threshold of “impaired to the slightest degree,” it is vital to have trained experienced DUI attorneys who can help avoid DUI’s harsh penalties.

Arizona’s DUI laws contain some of the country’s most severe penalties. The fact that the offender was impaired on a motorcycle versus a car makes no difference in penalty. In Arizona, a first offense of DUI with a BAC 0.08% or more is a class 1 misdemeanor. If found with a BAC level of less than 0.08% but still impaired under A.R.S. § 28-1381(A)(1), then the person also would be facing a class 1 misdemeanor. Both these DUIs carry a minimum ten days in jail (nine of those days are typically suspended). That person would be required to pay fines and fees, as well as have her driving license suspended. Next, the person’s motorcycle would require the installation of an ignition interlock device. Lastly, the person may be placed on probation and be required to serve community service and receive a drug/alcohol assessment. These consequences are serious and costly. Thus, it is crucial that anyone facing a DUI charge acquires an attorney who understands Arizona DUI law.

Motorcycle DUI Arrest and Penalties

Any DUI can result in serious and harsh consequences. Fighting a DUI requires a team of highly experienced DUI crime lawyers to ensure you receive the best results possible. Let  Mesa DUI Lawyer’s criminal defense lawyers and their knowledge of Arizona’s DUI laws guide you through the process. The legal battle ahead will be marked by strong representation and diligence.