Michigan DUI Law: More Than Just Cars

In Michigan, DUI is officially called OWI—Operating While Intoxicated. The law doesn’t focus only on motor vehicles like cars and trucks. Instead, the language in Michigan’s OWI statute applies to operating a “vehicle” while under the influence of alcohol or drugs.

According to Michigan Compiled Laws (MCL) 257.625, a person shall not operate a vehicle upon a highway or any other place open to the public or generally accessible to motor vehicles, including areas like parks and university campuses, if they are:

• Under the influence of alcohol or a controlled substance
• Have a BAC (blood alcohol content) of 0.08 or higher (or 0.17 for “Super Drunk” charges)
• Visibly impaired due to substances

Note the word "vehicle" here. That’s where things get more complicated when it comes to bicycles and e-scooters.

Does the Law Include E-Scooters and Bicycles?

Michigan law draws a line between motor vehicles and non-motorized vehicles, but in recent years the increasing popularity of electric scooters has blurred that definition. Under MCL 257.13, a "vehicle" is defined broadly as any 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 or used exclusively upon stationary rails or tracks.

Bicycles

Let’s talk bicycles first. Typically, a traditional pedal-powered bicycle is considered a device moved by human power—that would normally exclude it under the legal vehicle definition. However, there have been instances in Michigan where people have been charged for OWI while riding a bicycle on public roads, particularly if they were obviously impaired or created a danger to themselves or others.

The grey area comes into play when your impairment causes a public safety risk. Local law enforcement might use related charges under public intoxication, disorderly conduct, or even traffic violations to intervene, even if a technical OWI doesn’t hold water in court. So while you might not receive a DUI conviction, you may still find yourself in legal trouble.

E-Scooters

Electric scooters present a different problem. Many scooters today, including Lime, Bird, or privately-owned models, are considered “electric skateboard devices” or similar under MCL 257.658 and subsequent sections relating to “electric personal assistive mobility devices.” Whether an e-scooter qualifies as a vehicle under OWI law is murky and often comes down to interpretation. Some Michigan courts have held that e-scooters—especially those capable of higher speeds—do meet the vehicle definition under OWI law.

That means if you’re pulled over on an e-scooter, even going 10 to 15 mph, and you’re noticeably impaired or test over the legal BAC limit, you could be arrested and charged with OWI just like someone driving a car.

How E-Scooter and Bike DUI Arrests Happen in Plymouth

The city of Plymouth sees its fair share of nightlife, especially around Kellogg Park and downtown bars like Compari’s, 336 Main, and Stella's Black Dog Tavern. As law enforcement increases nighttime patrols for traditional DUI enforcement, some officers are expanding their scope to include alternative transportation—scooters, e-bikes, skateboards, and even rollerblades.

If an officer observes erratic behavior, such as swerving, riding on sidewalks in unsafe ways, running stop signs, or holding open containers, you are likely to be stopped. And if they smell alcohol, see slurred speech, or detect impaired balance, you could quickly find yourself in handcuffs—even if you’re on something as seemingly harmless as a bird scooter.

Real-Life Example

We recently helped a client who had been out with friends in downtown Plymouth. It wasn’t his first night out and he thought he was being responsible by opting for a rental e-scooter instead of driving his car. He ended up swerving into the street without signaling, nearly colliding with traffic, which led to a police stop. He blew over a 0.10 BAC and was charged with OWI. Despite the unusual nature of the case, the judge allowed it to proceed under the current interpretation of Michigan law. We were successfully able to argue for dismissal by emphasizing the legislative grey area—but not before he had already been arrested, booked, and hit with the initial charge.

Penalties for DUI on an E-Scooter or Bicycle in Michigan

If you are charged with an OWI or similar offense while riding an e-scooter or bicycle, the penalties can still be severe—much like a standard DUI case involving a car. They include:

• Up to 93 days in jail for a first offense OWI
• Fines up to $500 (excluding court costs and fees)
• Community service (typically between 30–60 hours)
• Probation, testing, and alcohol education courses
• Permanent criminal record
• Potential license suspension, even if you weren’t driving a car

It may sound strange, but Michigan’s Secretary of State can still suspend or restrict your driver’s license for an OWI conviction—even if you weren’t driving a vehicle that requires a license.

OWI Defenses for E-Scooter and Bike Charges

As with all criminal cases, the police and prosecutor are required to prove every element of the crime beyond a reasonable doubt. That includes proving you were indeed operating a “vehicle” as defined by Michigan law. If your attorney can successfully argue that you were not legally operating a vehicle—or that your behavior didn’t pose a sufficient risk to public safety—charges can be dismissed or reduced.

Possible Defenses

• Vehicle Definition Challenge: Argue that the device used does not meet the statutory definition of a vehicle
• Insufficient Evidence of Impairment: Challenge the procedures used during field sobriety tests or dispute breathalyzer accuracy
• No Probable Cause: Demonstrate that the officer lacked legal justification to initiate a stop
• Civil Rights Violations: Argue that your detention or arrest procedure violated constitutional protections

Every case is different, and a strategy that works in one court may not work in another. The experience of the local judges in Plymouth—and what they’ve ruled on in the past—can play a significant role in outcomes.

What the Judges in Plymouth Think

Cases involving non-traditional forms of transportation are becoming more common at the 35th District Court located at 660 Plymouth Road. The local judges—including Judge Michael Gerou and the newer Judge Joe Barone—are attentive to legislative trends but also tend to value public safety. With the right defense, many of them are reasonable and can be persuaded to see the limitations of applying OWI law to non-conventional vehicles.

In our experience, some judges are more open to case dismissals or negotiated settlements when it becomes clear that you were doing your best to avoid a serious risk by not driving a car—even if you made a misstep in judgment by hopping on a scooter or bike. That’s where experienced advocacy matters.

What Should You Do If You’re Charged?

If you’ve been arrested and charged with OWI while on an e-scooter or bike, do not make the mistake of thinking the charge "won’t stick" just because you weren’t driving a car. Courts are still taking these cases seriously. You need a strategy and someone who knows how to navigate the specifics of Michigan DUI law.

This is where we come in. At Boria Law, we have successfully represented people in complex DUI cases—including those on skateboards, mopeds, golf carts, e-bikes, and rental scooters. If there’s a way to get your case dismissed, to keep your record clean, and to avoid jail or license loss, we will find it.

Don't take a chance with your future. Call us today at (734) 453-7806 for a free consultation. You can also reach out through our website to speak directly with criminal defense lawyer Aaron J. Boria, a trusted expert in OWI defense throughout southeast Michigan.

Conclusion

So, can you get a DUI in Michigan on an electric scooter or bicycle after a night out in Plymouth? Yes—you absolutely can. The law may be evolving, and the exact details of your case matter, but if an officer decides you’re impaired and you're a danger to public safety, they can and will arrest you.

Whether you're facing direct OWI charges or associated offenses after trying to make a safer decision than driving drunk, our office is here to help you navigate the legal terrain. We’ll assess every angle of your case and protect your rights.

If you have questions or need help, contact Aaron J. Boria, PLLC at (734) 453-7806, located right here in Plymouth. A DUI charge on a scooter or bike may sound ridiculous, but it could change your life. Make sure you're protected.