Usually, a DUI is more embarrassing than a tragic event to happen to you. Many DUI tickets or charges don’t hold up well in court, and if you’re working with a skilled Indianapolis DUI attorney, Then you might have an open and shut case. But we’re seeing a new trend in DUI charges. Is it a possibility to receive a DUI while riding an eScooter in downtown Indianapolis?
It seems like a bad joke or a bad story told over dinner that someone was riding through the shopping district and got a DUI on a Lime scooter.
How Do Police Decide When to Give an OWI or a DUI
Although generally, the differences between an OWI and DUI aren’t significant states that use the phrase operating apply those restrictions to every vehicle. Even within Indiana, people use the term DUI more frequently than OWI. However, Indiana is an OWI state, and that means that any type of operation of controls can lead to a ticket and possible charges.
In a driving state, the reporting police officers will likely only be able to uphold a DUI charge if the person was actually driving the vehicle. Additionally, there may be further restrictions on what type of vehicles. For example, there may be completely separate charges for operating a boat while impaired rather than a car.
In Indiana, police don’t have a choice, the charge is an OWI, and that is the same charge whether you’re in a car, truck, boat, or even on an electric scooter.
A DUI on an eScooter?
Electric scooters have drastically changed downtown Indianapolis. Residents love them and say that they are a great alternative to relying on buses or having your own bike. Of course, there were certainly troubles when it came to introducing the scooters into the city. But now, dockless electric scooters are one of the best ways to commute.
While some people have used these scooters to commute, many others use them to play around. It is not uncommon to see someone whizzing around the Metro area after the bars closed. But the city of Indianapolis determined early into the careers of these scooters that using them after certain hours is not acceptable.
These rules have made it easier for police to determine when to issue a DUI on an E scooter. They may still go through and do some field assessments or even a breathalyzer test. But generally, if they suspect that you’re intoxicated and see you riding an eScooter, they’ll issue a DUI.
Operating While Intoxicated Applies to Any Moving Vehicles
Many people are surprised when they receive OWI while operating an electric scooter, or a motorized bicycle. But it is even possible to receive an OWI while riding a horse. Operating while intoxicated applies to the use of any moving vehicle, and then the police can expand on that as they deem necessary. It doesn’t necessarily mean that their charges will stick, but it does mean that they believed that you are a risk to public safety.
Often many DUI charges don’t go through either because of how the police handled the situation or how they attempted to apply the law to your situation.
How Were You Approached by Police?
How you were approached by police will often determine the outcome of your DUI charges. There are very strict regulations on how a police officer can conduct a field sobriety test and how they justified pulling you over. For example, if you were pulled over while riding an electric scooter but weren’t putting anyone at risk, they may not have had grounds to address you at all. Additionally, if they didn’t do proper testing until you were already taken in, there may be issues with how they processed you and your charges that could result in these charges being dropped.
Do You Need an Indianapolis DUI Defense Attorney?
DUI charges often leave people without the defense that they need. It is critical that anyone charged with a DUI, whether it was for driving a vehicle or riding a motorized scooter that they involve a DUI defense attorney. When you don’t have a professional defense, you could face extreme fines, community service, and still serve time in jail.
But with a DUI defense attorney, you have a better chance of either having the charges dismissed or getting severely lowered sentencing. DUI defense attorneys know the ends and outs of navigating drunk driving charges and what judges are willing to do to find a compromise with the sentencing when someone is found guilty. Start your search for a DUI lawyer at Rathburn Law.