In a city like Chicago, where traffic congestion and limited parking are everyday problems, many people are turning to electric scooters and bikes for quick, affordable transportation. These devices are especially common in neighborhoods like Logan Square, the Loop, Hyde Park, and Wicker Park. However, what most riders don’t expect is that riding an e-scooter or electric bike after drinking or using cannabis could result in a DUI charge — the same charge someone would face for drunk driving a car.
Illinois DUI laws apply more broadly than many realize. In fact, you don’t need to be in a traditional car or truck to be arrested. If police believe you were impaired while operating any motorized device that qualifies as a “vehicle,” you could be charged, arrested, and prosecuted. And the penalties aren’t lighter just because the ride was smaller.
This article explains how DUI charges can apply to scooters and e-bikes in Illinois, what penalties you could face, how law enforcement builds cases, and why hiring a criminal defense attorney immediately after your arrest is essential to protecting your record and future.
How Illinois Law Defines DUI and “Vehicle”
Illinois law under 625 ILCS 5/11-501 makes it illegal to operate any vehicle on a public highway while:
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Your blood alcohol concentration (BAC) is .08% or more
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You are under the influence of alcohol
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You are under the influence of drugs or a combination of drugs and alcohol
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You are under the influence of any intoxicating compound
The key word here is “vehicle.” According to 625 ILCS 5/1-217, a vehicle is “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 excludes traditional bicycles, but e-bikes and scooters often qualify because of their motor-assisted design.
That means if your electric bike or scooter has a battery-powered motor, even one that kicks in only while pedaling, you may be operating a “vehicle” under Illinois DUI laws. Whether you’re cruising through Millennium Park or making a late-night run through Pilsen, police can — and do — initiate DUI stops on riders they believe are intoxicated.
When Law Enforcement Initiates a DUI Stop on Micromobility Devices
Police are trained to look for signs of impaired operation, whether it’s behind the wheel of a car or on a scooter. If they observe behavior like weaving, falling over, riding in traffic improperly, or failing to obey traffic laws, they have a legal basis to stop and investigate further.
Once the stop is made, they’ll conduct a standard DUI assessment:
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Questioning about alcohol or drug use
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Field sobriety testing
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Preliminary breath testing
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Observations of physical signs like bloodshot eyes or slurred speech
If the officer has probable cause to believe you’re impaired, you’ll be arrested and taken to a station for chemical testing. You may be surprised to learn that even if the scooter didn’t require a license to operate, your driver’s license is still at risk due to Illinois’ implied consent law (625 ILCS 5/11-501.1).
Arrest and Charging Process in a DUI Case Involving Scooters or E-Bikes
Once arrested, you’ll be booked at the police station. In Chicago, this often means being held temporarily at the district level before appearing in bond court. The prosecution reviews the case details — including police reports, breath or blood test results, and witness statements — and then formally files charges.
Your first court appearance typically involves a bond hearing. You’ll then move through:
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Arraignment, where charges are formally read
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Pretrial hearings, where evidence is shared
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Motions, such as to suppress evidence or dismiss charges
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Negotiations for a plea deal, diversion, or trial
Throughout this process, a criminal defense attorney can make a significant difference. From challenging the stop’s legality to questioning how the scooter qualifies as a “vehicle,” your attorney will work to limit the evidence the prosecution can use.
Criminal Penalties for a DUI Conviction on an E-Scooter or Electric Bike
A first-time DUI in Illinois is classified as a Class A misdemeanor, punishable by:
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Up to one year in jail
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A maximum $2,500 fine
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Mandatory suspension of your driver’s license
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Drug and alcohol evaluation and treatment
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Community service
But things get worse quickly with aggravating factors. You could face Class 4 felony charges if:
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You have two prior DUIs
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A child under 16 was with you
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You caused injury or property damage
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You were driving on a suspended or revoked license
Felony DUI convictions carry:
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Prison time
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Lengthy license revocations
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Felony criminal records
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Higher fines and longer mandatory alcohol treatment
This is why it’s so important to treat an e-scooter or e-bike DUI charge as seriously as any other criminal matter. Even if the device didn’t seem like a real vehicle, the law says otherwise — and prosecutors in Cook County and surrounding counties enforce it that way.
Non-Criminal Consequences of a DUI Conviction
The effects of a DUI conviction go far beyond the courtroom. They can include:
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Employment problems due to a criminal record
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Higher auto insurance premiums
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Suspension of your driver’s license even if you weren’t in a car
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Immigration issues if you are not a U.S. citizen
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Public record that can be found by landlords, banks, and employers
Many people don’t realize that a DUI conviction in Illinois cannot be expunged or sealed if you’re over 21. That means even a guilty plea stays on your record for life.
How a Defense Lawyer Can Help You Fight the Charges
An experienced criminal defense attorney understands how to pick apart DUI charges involving micromobility devices. They can investigate whether the stop was lawful, whether the scooter was actually a “vehicle” under Illinois law, and whether the testing procedures were flawed.
Common defenses may include:
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The scooter doesn’t qualify as a vehicle under the statute
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The stop was unlawful or lacked reasonable suspicion
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Breath test results were inaccurate or improperly administered
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You showed no signs of impairment despite a BAC reading
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The officer failed to follow field sobriety protocol
Your attorney can also appear in court on your behalf, challenge the statutory summary suspension, and negotiate for reduced penalties or dismissal depending on the facts.
Choosing the Right Attorney for a Scooter or E-Bike DUI
You don’t want just any lawyer — you want someone with deep experience in DUI cases and knowledge of how Illinois interprets vehicle operation in micromobility contexts. Make sure the attorney you speak with:
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Has experience handling DUI cases involving non-traditional vehicles
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Is familiar with Cook County courts, prosecutors, and judges
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Knows how to challenge breathalyzer evidence and field sobriety tests
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Can explain your options clearly and offer a plan of defense
During your free consultation, ask the attorney:
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What’s your success rate with DUIs?
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How many cases like mine have you handled?
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What are my chances of avoiding a conviction?
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What will your defense strategy be?
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Will I be able to avoid jail or a permanent record?
Defending Clients Across Chicago and Surrounding Counties
At The Law Offices of David L. Freidberg, we represent clients throughout the city of Chicago and across Cook, DuPage, Will, and Lake Counties. We’ve defended individuals charged with DUI on everything from motorcycles and mopeds to scooters and e-bikes.
We understand that these cases are often filled with gray areas. The legal system doesn’t always catch up to technology right away — and that means smart, creative defense strategies can succeed. Our goal is to get your case dismissed or reduced, preserve your driving privileges, and protect your clean record.
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.