Although it is still unclear, the answer is likely no. Minnesota DWI laws say it is a crime for any person to drive, operate, or be in physical control of any “motor vehicle” while impaired. Minn. Stat. § 169A.20. The answer to this question comes down to whether a lime scooter is considered a “motor vehicle.” Minnesota law defines “motor vehicle” as “every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires.” Additionally, it states that a “[m]otor vehicle does not include an electric-assisted bicycle, an electric personal assistive mobility device, or a vehicle moved solely by human power.”
Minnesota case law indicates that a lime scooter would not constitute a “motor vehicle” for this purpose. For instance, Minnesota courts have found that a defendant’s operation of a scooter, as a substitute for walking, did not subject him to a DWI charge for operating while impaired. Although the defendant was physically disabled, operating his motorized mobility scooter, that court indicated that motorized devices like lime scooters fall outside the definition of a “motor vehicle.” Likewise, a two-wheeled, self-balancing, battery-powered device designed for use in places that are not accessible to cars or bicycles, does not constitute a “motor vehicle” for purposes of the DWI statute. In a case that involved an impaired individual who was operating a segway along a walking path, the court found that a segway did not fit the definition of a “motor vehicle” either.
The language of Minnesota’s statute demonstrates that operation of a lime scooter while impaired does not subject an individual to DWI charges. However, it may not always be a good idea to operate a lime scooter while drunk. Individuals choosing to do so should exercise due care to ensure the safety of others as well as their own.
- State v. Brown, 801 N.W.2d 186 (Minn. App. 2011)
- State v. Greenman, 825 N.W.2d 387 (Minn. App. 2013)