Electric scooters have become a common sight on Minnesota’s public highways in recent years, and it seems as though this trend is set to continue. According to statistics from Yahoo Finance, the market for e-scooters is set to double in size by 2032.

While electric scooters are an enjoyable and convenient way to get around the Twin Cities, they’re not all fun and games. What many riders don’t realize is that you can still be charged with a Minnesota DWI while operating one. Whether you rent an e-scooter from Bird or Lime or own your own, the same rules that apply to driving a car can, in many cases, apply to your scooter ride too.

Electric Scooters and Minnesota’s DWI Law

Under Minnesota Statute § 169A.20, it’s illegal to drive, operate, or be in physical control of a motor vehicle while under the influence of alcohol or drugs, or with a blood alcohol concentration (BAC) of 0.08% or higher.

The key term here is “motor vehicle.” The law covers not just cars and trucks but also other vehicles that use a motor for propulsion, such as e-scooters.

So, operating an e-scooter while impaired generally constitutes a DWI offense in Minnesota.

Additionally, Minnesota’s implied consent law applies to e-scooter incidents in the same way as those involving other vehicles. Refusing a breath or chemical test can lead to separate penalties, including license revocation.

What Are the Penalties for a Scooter DWI?

If you’re convicted of a DWI while riding an electric scooter, the penalties are similar to those for a car-related DWI. Depending on your record and BAC level, penalties may include:

• Fines and court costs: A first-offense DWI in Minnesota is typically a misdemeanor, punishable by up to $1,000 in fines, plus court fees and surcharges. If aggravating factors are present (such as a high BAC (0.16 or higher), a minor in the vehicle, or prior offenses), the charge can be upgraded to a gross misdemeanor, and fines can increase to as much as $3,000.
• Jail time: First-time offenders can face up to 90 days in jail, although judges often stay or suspend most of that sentence in exchange for probation. With aggravating factors, the maximum penalty increases to up to one year in jail.
• License suspension or revocation: Even for a first DWI, your driver’s license can be suspended for 90 days — or up to one year if your BAC was 0.16 or higher or you refused testing. Repeat offenses carry longer suspensions, and you may need to install an ignition interlock device to regain driving privileges.
• Criminal record: A first-time DWI results in a permanent criminal record unless it’s reduced or dismissed. Minnesota does not automatically expunge DWIs, and having one on your record can affect job prospects, background checks, and insurance rates.

What If You’re Riding a Non-Motorized Scooter or Bicycle?

If your scooter is not motorized (powered only by your own strength), you generally cannot be charged with a DWI under Minnesota’s motor vehicle laws.

However, that doesn’t mean you’re in the clear. You could still face charges related to disorderly conduct or public intoxication if you’re causing a danger to yourself or others while riding.

What To Do If You’re Charged with a Scooter DWI

If you’re facing charges for a DWI involving an electric scooter, it’s important to speak with an experienced Minnesota attorney right away. A skilled lawyer will review your case, determine whether the scooter qualifies as a motor vehicle under the law, and look for ways to challenge the arrest or testing procedure.