KEY TAKEAWAYS:
Virginia's drunk driving statute applies to motor vehicles and expressly includes mopeds as motor vehicles when operated on public highways. Golf carts and faster motor scooters can also qualify, while pedal bicycles fall outside the DUI statute, though riding one while impaired can still lead to other charges. Our Virginia DUI lawyers can examine how the law applies to your vehicle and the circumstances of your arrest, identify potential defenses, and fight to protect your rights.
Most people assume a DUI in Virginia requires a car, so an arrest on a rented scooter or a neighborhood golf cart comes as a real shock. The answer turns on one question: Does Virginia law treat what you were riding as a motor vehicle? At the Wilson Law Firm, our Virginia DUI attorneys regularly address that classification question when defending our clients, and it often shapes which charges the Commonwealth can actually pursue.
What Small Vehicles Can You Get a DUI on in Virginia?
A DUI occurs when someone drives or operates a covered vehicle while intoxicated. Va. Code § 18.2-266 is Virginia’s primary DUI statute and expressly includes mopeds operated on public highways. Under Va. Code § 46.2-100, Virginia generally defines a motor vehicle as a self-propelled vehicle or one designed for self-propulsion, with certain statutory exceptions.
Depending on the vehicle and circumstances, Virginia DUI laws may apply to:
- Mopeds. The DUI statute expressly includes mopeds operated on public highways.
- Golf carts. These are self-propelled vehicles, although where and how the cart was operated can matter.
- Low-speed vehicles and ATVs. These motor-powered vehicles may support a DUI charge depending on their classification and where they are operated.
When § 18.2-266 applies, operating a small vehicle rather than a car does not constitute a lesser DUI offense. A conviction can carry the same Virginia DUI penalties and consequences for your driving privileges.
Where Do Bicycles and Electric Scooters Fall Under Virginia DUI Law?
Virginia treats bicycles and electric scooters differently from cars and other motor vehicles. Under Va. Code § 46.2-100, bicycles, electric power-assisted bicycles, and qualifying motorized skateboards or scooters are generally not considered motor vehicles.
That distinction can change which charges apply:
- Pedal bicycles. Because bicycles are human-powered and excluded from the motor vehicle definition, they are treated differently from motor vehicles under Virginia law.
- Electric bicycles. Virginia also excludes qualifying electric power-assisted bicycles from its general motor vehicle definition.
- Electric scooters. A motorized scooter weighing less than 100 pounds and capable of no more than 20 mph using its electric motor falls within Virginia’s statutory scooter definition and is not considered a motor vehicle. A faster or differently designed scooter may require a different classification.
However, you could face other charges for riding a bicycle or scooter while intoxicated, including:
- Public intoxication. Being intoxicated in public is a separate Class 4 misdemeanor, regardless of whether the person was riding a bicycle or a scooter.
- Traffic offenses. Bicycle and scooter riders on highways generally have the rights and duties applicable to vehicle drivers, meaning that reckless driving and other serious traffic offenses may still be issues depending on the conduct involved.
Our Virginia DUI lawyers can examine what you were riding, determine which statutes apply, and identify defenses to the charges you face that can you get the charges dismissed or reduced to a less serious offense with less severe punishments.