Arizona Law Revised Statute Title 28-101 governs electric bikes and scooters on Arizona highways. The law states that operators must carry a valid driver's license with an additional motorcycle qualificationto drive an electric bike or gasoline-powered scooter in Arizona. Due to the relative size of the electric bike or scooter compared to the weight of a car or truck, bikes and scooters are far more dangerous. Driving under the influence of alcohol or controlled substances is frequently a contributing factor in motor bike collisions. Almost half of all motorcycle accidents occur while a car or truck is turning left. The vehicle making the left turn is usually liable for the accident, but contributory negligence on the part of the biker can mean the cyclist has to pay for damages to the vehicle which hit him.
Why You Need an Attorney if Charged with a DUI on a Electric Scooter or Bike
If you're involved in any kind of accident while driving an electric bike or scooter under the influence of drugs or alcohol, you need a staunch experienced criminal defense attorney who can help you get your bail reduced. Our defense attorney may be able to get your charges reduced to a misdemeanor DUI charge. If you or anyone else was injured in the accident, our AV-Highest Rated Preeminent Super Lawyer can help you preserve your rights. Our Arizona criminal defense attorney may be able to get your felony aggravated or extreme DUI charges reduced. Aggravated DUI means driving under the influence without a valid driver's license or on a suspended or revoked license. In Arizona, Extreme DUI meansyou were driving your motor bike or scooter while you were too drunk to even walk. Our criminal defense lawyer can help you in both criminal court and in agency hearings.
Electric Bikes or Scooters
By definition, electric scootersinclude motorized units such as Segway electric mobility devices, which are two wheel motorized scooters, and motorized wheel chairs. Segway electric scooters carry one pedestrian 15 miles per hour. Electric mobility scooters and wheel chairs require no registration or insurance to traverse private property, sidewalks, and crosswalks. The scooters are governed by Arizona pedestrian law.
Mopeds, motorized bikes, and motor cycles with engines under 100 cc or 5 horsepower may have pedals, but they reach speeds of 25 miles per hour when their engines are running. A driver's license, vehicle registration, and insurance are required to operate one of these motorized bikes on the road. Unlike larger motorized bikes or scooters, you have to get pass a motorcycle skills test to earn a "J" classificationon your driver's license which restricts you to motorized bicycles with engines less than 100cc. Additionally, you may not operate a moped at speeds greater than 35 miles per hour.
Bicycles have two or three wheels and must follow Arizona motor vehicle laws. Bicycles are human powered or motorized. No one may ride any bicycle on a sidewalk intended for pedestrians. After dark, all bicycles must have a white front light and a red reflector on the back.
Motorcycle Operator Manual
The Arizona Department of Transportation Motorcycle Operator Manualexplains driving under the influence (DUI) of alcohol or controlled substances on an electric bike or scooter. If an officer stops you because he suspects you are driving under the influence of alcohol or illegal drugs, he will offer you a Breathalyzer test or a urine test. Your Arizona driver's license is implied consent to take the sobriety test. If you refuse to take the test, your driver's license will be suspended immediately. A blood alcohol concentration (BAC) of .08 or more is driving under the influence. If a Schedule I, II, III, IV, or V controlled substance is detected in your urine, you were driving under the influence. Teenagers are driving under the influence if even a minute amount of alcohol is detected on their breath. The police officer uses the test results as evidence in criminal court.
What Happens After a Non-Extreme First DUI Offense?
If you have been arrested for a non-extreme first time DUI, it most likely will be a misdemeanor charge. However, this charge still caries hefty fines and penalties. To start with, you are facing a minimum of 10 days in jail, upwards to 6 months in jail. Following the jail are the hefty fines. You can expect to pay on average not less than $3,500 (not including increased insurance rates!). To add, you will have to install an ignition interlock device on your car. Your driver's license will be suspended, and your reinstatement fee will be high at the end of your suspension period. You will also have to attend a substance abuse treatment program and perform community service.
What Happens After a Second DUI Offense in Arizona?
Your second DUI arrest results in at least 90 days in jail and a $3,000 fine. You'll lose your driver's license for at least one year, and you'll have to attend outpatient substance abuse treatment. You'll have to install an ignition interlock device on your vehicle. The ignition interlock device is a Breathalyzer-like device connected to your car's ignition system. You must blow into the device to start the car. If alcohol is detected on your breath, you will not be able to start the car.
What is a Hardship Driver's License?
If you can demonstrate a need to drive to and from work or to and from doctor's appointments, you may qualify for a reduced "wet reckless" charge and a hardship driver's license.You'll be required to blow into an ignition interlock system, but you'll be allowed to drive to and from work to financially support yourself and your family.
