Can You Get a DUI on a Scooter, E-Bike, or Golf Cart in Nevada?

Nevada prohibits driving a vehicle under the influence of drugs or alcohol. This law clearly applies to automobiles, motorcycles, and commercial trucks. However, its application to vehicles on the fringes, such as scooters, e-bikes, and golf carts, is less clear.

Understanding these possible charges will help you avoid violating the law. It can also guide you in developing your defenses if you are stopped while operating a scooter, e-bike, or golf cart and accused of impairment.

Nevada’s DUI Law

Nevada’s DUI statute makes it unlawful for any person to drive or be in actual physical control of a vehicle in a public location in any of the following conditions:

• Under the influence of liquor or a controlled substance

• Under the combined influence of liquor and a controlled substance

• Inhaled, ingested, applied, or used any substance rendering the person incapable of safely driving or exercising actual physical control of the vehicle

• Have a blood or breath alcohol concentration of at least 0.08% while driving or being in actual physical control of a vehicle, or within two hours thereafter

The statute also lists the maximum blood or urine content allowable for driving under the influence of several other substances, including the following:

• Amphetamine

• Methamphetamine

• Cocaine

• Heroin

• LSD

• PCP

• Marijuana

A vehicle operator can violate this statute in two ways. First, the driver cannot legally operate “under the influence” of an intoxicating substance. Drivers commit this violation when the substance affects their ability to drive safely. 

Prosecutors prove their cases with evidence that the driver’s coordination, judgment, or perception was impaired. Typically, they will prove this with testimony from the arresting officer that the driver committed a traffic violation and failed a field sobriety test.

Second, the driver cannot drive with a level of intoxicating substance in their blood, breath, or urine over the legal limit. Prosecutors do not need to prove impairment. They only need a chemical test result. In other words, you can commit this violation simply by driving with too much of the wrong chemical in your body.

Do “Vehicles” Include E-Bikes, Scooters, and Golf Carts?

Nevada’s DUI law only applies to operators of vehicles. State law defines vehicles as any device for transporting or drawing people or property. This definition is broad enough to cover motor vehicles, such as automobiles and motorcycles, as well as trailers and other non-motorized devices that are towed by a motor vehicle.

However, the law specifically excludes the following from its definition of “vehicle”:

• Human-powered devices, such as bicycles and kick scooters

• Vehicles that move on stationary rails or tracks, such as trains and monorails

• E-bikes

• Electric personal assistive mobility devices, such as Segways

• E-scooters

This definition means prosecutors cannot charge operators of scooters, e-bikes, and golf carts with DUI in Nevada.

Scooter DUI

The answer to whether you can get a scooter DUI depends on the type of scooter. You cannot get a DUI while operating a kick scooter that is fully human-powered or an e-scooter with an electric motor, regardless of whether you ride it while standing or seated. 

These devices are specifically excluded from the definition of vehicles used to enforce the DUI law.

However, motorized scooters, such as Vespas, and mopeds with gas engines, qualify as vehicles under Nevada law. Thus, you can get a DUI while riding these devices.

E-Bike DUI

The police cannot cite you for DUI while riding an e-bike. These devices are specifically excluded from the definition of vehicles in Nevada.

Golf Cart DUI

You can be charged with DUI while operating a golf cart. The state’s vehicle definition is broad enough to cover golf carts, regardless of engine or motor size. Moreover, these devices do not fall into any of the exceptions.

Charges You May Face for Riding Under the Influence

Although Nevada’s DUI law does not apply to bicycles, e-bikes, kick scooters, and e-scooters, you can still face criminal charges if you operate these devices while intoxicated. Specifically, you could receive a traffic ticket for an act or neglect of duty imposed by law.

Under Nevada law, you cannot perform any act or neglect to perform an act in “willful or wanton disregard” for others’ safety. Willful or wanton usually means that you either understood the risk and ignored it or willfully blinded yourself to the risk.

In a case involving bicycling or riding a scooter under the influence, a prosecutor would argue that everyone knows the risk of riding in traffic while impaired. 

They would then argue that you either knew or should have known that you could injure or kill someone by traveling on the road around drivers and pedestrians. Thus, in doing so, you acted in willful and wanton disregard for the danger you posed to them.

Contact DUI Doctor to Discuss Your Traffic Charges

DUI and related offenses involving e-bikes and scooters carry harsh penalties, including jail time and a criminal record. Contact us to schedule your consultation to discuss the defenses you can assert.