If you’ve been arrested for riding a scooter under the influence in Chicago, you may be wondering whether you’ll face the same consequences as someone driving a car. The short answer: Yes—and then some. A DUI on a scooter in Illinois can land you in criminal court, carry heavy penalties, and leave you with a permanent mark on your criminal record.

Many people mistakenly assume that scooters are toys or that DUI laws don’t apply to them. But under Illinois law, prosecutors treat these cases seriously—especially in areas with heavy scooter traffic like Streeterville, Lincoln Park, and the West Loop. At The Law Offices of David L. Freidberg, we’ve represented many clients across Cook, DuPage, Will, and Lake Counties who were blindsided by a criminal DUI charge for riding what they thought was a harmless device.

Let’s break down what Illinois law says, how these cases unfold, and what you can do to protect your record and your future.

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Illinois DUI Law Covers More Than Just Cars

Illinois’s drunk driving law—625 ILCS 5/11-501—makes it a criminal offense to operate or be in physical control of a vehicle while under the influence of alcohol or drugs. But what qualifies as a “vehicle” under the law? That’s the trap many people fall into.

The Illinois Vehicle Code defines a vehicle broadly to include any device that moves a person or property on a highway, excluding devices moved by human power or used on rails. That definition captures electric scooters, mopeds, and similar personal transport devices—even though they aren’t cars or trucks.

So if you’re operating a scooter on a public roadway while intoxicated, you can be arrested for DUI and prosecuted just as if you were driving a sedan. This applies whether it’s a rented Lime or Bird scooter or a privately owned e-scooter.

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A Scooter DUI Will Go On Your Criminal Record If Convicted

A conviction for DUI in Illinois is a Class A misdemeanor for first-time offenders. This is the most serious level of misdemeanor, carrying up to 364 days in jail and a $2,500 fine. And yes, it goes on your criminal record.

Unlike a traffic ticket, which may fall off your record after a few years, a DUI is a criminal charge. Once convicted, it becomes part of your permanent criminal history. That record is visible to:

• Employers conducting background checks

• Apartment rental agencies

• Banks and mortgage lenders

• Colleges and universities

• Professional licensing boards

In addition to jail and fines, you could be required to complete alcohol education programs, community service, and driver’s license suspension, even if you weren’t operating a car at the time of the arrest.

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The Criminal Case Begins the Moment You’re Arrested

Let’s say you’re riding a scooter through Wrigleyville after leaving a Cubs game. A Chicago Police officer sees you swerving or blowing through a stop sign. That’s probable cause to stop you.

Once stopped, the officer will investigate further—asking questions, observing your behavior, and possibly asking you to take field sobriety tests or a preliminary breath test. If you fail the tests or show visible signs of impairment, you’ll be arrested for DUI.

You’ll be transported to the police station for booking, fingerprinting, and chemical testing. If you refuse the breathalyzer or blood test, you may face additional consequences under Illinois’s implied consent law, including a statutory license suspension.

From there, the State’s Attorney files charges, and you’ll receive a notice to appear in criminal court—often at Branch 43 in Rogers Park, Branch 29 in Englewood, or the main courthouse at 26th & California.

This is not a citation you can pay and forget. It’s a full-blown criminal case.

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How Police Build DUI Cases on Scooters

Law enforcement in Chicago and surrounding suburbs use many of the same tactics in scooter DUI cases that they use in car DUI investigations. Evidence collection often includes:

• Body-worn camera footage

• Squad car dashcam video

• Officer field notes and reports

• Field sobriety test results

• Portable breath test readings

• Breathalyzer or blood test results

• Witness statements

Police officers are trained to observe physical signs of intoxication such as:

• Slurred or slow speech

• Bloodshot eyes

• Unsteady balance or difficulty standing

• Confusion or delayed reactions

If you say anything that suggests you were drinking or using drugs—such as “I only had two beers”—that can also be used as evidence.

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Fictional Case Example: DUI Arrest in Pilsen

A man in his 30s rents an electric scooter after a night at a bar in Pilsen. He rides home but runs a red light. A squad car pulls him over. The officer notices an odor of alcohol, and the man admits to having drinks earlier in the evening. He agrees to field sobriety tests but declines the breath test.

The officer arrests him for DUI. In court, we challenged the traffic stop based on a lack of dashcam footage. The officer’s written report didn’t align with GPS data from the scooter company, which showed the rider had slowed before the intersection. We argued that the stop lacked probable cause and filed a motion to suppress all evidence obtained afterward.

The court granted the motion, and the case was dismissed. Without video or valid testimony supporting the stop, the prosecution had no case.

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How a Scooter DUI Impacts Your Future If You’re Convicted

Even if you avoid jail, a DUI conviction carries lasting consequences:

• It cannot be expunged or sealed under Illinois law

• You may lose your driver’s license for 6–12 months

• It may impact immigration status for non-citizens

• Your auto insurance premiums may spike

• You could lose or be denied a professional license

Even if the vehicle was not a car, the record follows you forever. For many people, especially college students, young professionals, or those in sensitive careers, a DUI conviction can shut doors before you ever know they existed.

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Legal Defenses in Scooter DUI Cases

Just because you’ve been arrested doesn’t mean you’ll be convicted. A skilled DUI defense attorney in Chicago will examine all angles, including:

• Whether the stop was legal

• If field tests were properly administered

• Whether the officer had sufficient training

• If the breath or blood test was accurate and reliable

• Whether the device qualifies as a “vehicle” under Illinois law based on the area it was used

There are many cases where the scooter was operated on private property or a park path where DUI law may not apply. Other times, the stop itself was unlawful, making all resulting evidence inadmissible.

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The Criminal Court Process in Illinois Scooter DUI Cases

A typical scooter DUI case in Cook County follows this timeline:

1. Initial Appearance: You’re advised of your rights and the formal charges. Bond may be set or continued.

2. Pretrial Discovery: Both sides exchange evidence. Your attorney files motions to suppress or dismiss based on any violations or weaknesses.

3. Negotiation: If there are flaws in the prosecution’s case, your attorney may negotiate for a reduced charge or court supervision.

4. Trial: If no agreement is reached, the case may proceed to a bench or jury trial. Your attorney will present defenses, cross-examine officers, and raise reasonable doubt.

5. Sentencing (if convicted): The court may order jail, fines, education classes, or community service.

At every stage, having legal representation is critical.

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What to Ask a Defense Lawyer in Your DUI Consultation

When you speak with a DUI lawyer in Chicago, you should leave with a better understanding of your case and your options. Be sure to ask:

• Have you defended DUI scooter charges before?

• What’s your track record with misdemeanor DUI cases?

• Will you be handling my case personally?

• What do you see as the strongest defense in my situation?

• How familiar are you with local judges and prosecutors?

At The Law Offices of David L. Freidberg, we walk you through every step of the case with a clear defense strategy from day one.

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What to Look for in a DUI Defense Attorney in Illinois

The attorney you choose should have:

• Experience with DUI charges in both traditional and non-traditional vehicles

• Deep understanding of Illinois traffic and criminal code

• A proactive, aggressive defense style

• Courtroom confidence and trial readiness

• Experience in Cook County and surrounding counties

We know the system, the people, and the pressure clients are under when facing these charges.

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Scooter DUI FAQs for Chicago and Illinois

Can you get a DUI on a non-motorized scooter or skateboard?
No. Illinois law requires that the vehicle be motorized. Non-motorized scooters, skateboards, or bicycles are typically not included under DUI statutes unless other traffic laws are broken.

What if I didn’t take a breath or blood test?
Refusing a chemical test can trigger an automatic license suspension under the Statutory Summary Suspension rules. Your attorney can request a hearing to challenge the suspension.

Can a DUI on a scooter affect my car insurance rates?
Yes. A DUI is a DUI—whether it involved a car or scooter. Insurance companies may increase premiums or cancel policies based on a conviction.

Is court supervision available for a first-time DUI scooter offense?
It may be. Illinois law allows court supervision for eligible first-time DUI offenders, which avoids a conviction if all conditions are met. This must be negotiated with the court.

Can my case be dismissed if the officer didn’t read my rights?
Possibly. Miranda warnings are required before custodial interrogation. If statements were obtained without warnings and used against you, they may be suppressed.

How long does a scooter DUI case take to resolve in court?
Depending on the complexity, evidence, and whether motions or trial are involved, the case could take anywhere from 2–6 months to resolve.

Is a public defender good enough for this type of charge?
Public defenders work hard but are often overburdened. A private attorney can provide more time, investigation, and personalized strategy for your defense.

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Get Help From a Criminal Defense Attorney Who Knows Chicago DUI Law

Facing a criminal DUI charge for riding a scooter may seem excessive, but Illinois law is clear: intoxicated operation of any motorized vehicle in public is a crime. Don’t risk your record, license, or future by going to court unprepared.

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