Drink Driving Lawyer Reservoir
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You can be charged with drink driving on an e-scooter. People are often surprised by this, because it does not feel like driving a car. Victoria Police applies a 0.05 limit to e-scooters that meet the rules, and a zero limit to high-powered scooters that do not, unless the rider holds a full motorcycle licence.

What police have to prove

As with any drink driving charge, police must prove who was riding and that the test result relates to that riding. With e-scooters that is not always straightforward. Riders are often found after a fall, with no one having seen the crash, and identification can be weak.

These cases often come with other charges, such as careless driving or not wearing a helmet, and each one needs to be looked at on its own evidence.

A result from one of our files: Portland Magistrates’ Court

Our client was found injured next to an e-scooter after leaving a venue, and a blood test showed 0.233. He faced five charges, including drink driving, theft of the scooter and careless driving. We found there was no direct observation of a crash, no proper identification of him as the rider and no fingerprints on the scooter, and police had not obtained CCTV from outside the venue. We recommended he contest the charges, and the prosecution withdrew all of them. Every case is different and past results do not guarantee an outcome. Read the case study.

What you could be facing

If you are found guilty of drink driving, the court must cancel your driver licence for at least a minimum period, even though you were on an e-scooter. For a first offence it starts at six months for a reading of 0.05 to under 0.10 and rises with the reading.

Where your case is heard

Your case is heard at the Magistrates’ Court for the area where police charged you, which we confirm from your paperwork. For riders from Reservoir (3073) and the City of Darebin, we can see you at our Melbourne CBD or Nunawading office.

What people ask us

Can I lose my car licence for riding an e-scooter drunk?

Yes. A drink driving finding affects your driver licence, whatever you were riding.

Do I need a licence to ride an e-scooter?

That depends on the scooter and the rules that applied when you rode. Tell us what kind of scooter it was and where you were riding.

Is it worth fighting?

Sometimes. Where identification or the timing is weak, contesting the charge can be the right call, as the result above shows.

Your next steps

  • Write down where you were, who saw you and how you came to be found.
  • Note any cameras nearby. Footage is not kept forever.
  • Get advice before you plead to anything.

99% of our work is traffic law and our fees are fixed, with no hidden costs. Read more in Is it worth fighting a drink driving charge? or on our drink driving page.

If you are worried about losing your licence or unsure what to expect at court, getting advice early can help you understand where you stand. Get a free case assessment.

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    Text us at 0412 100 780 with your first name, case type, and preferred call time (e.g. ‘Joe, drink driving, after 5pm’). We’ll arrange a barrister to call you back.

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    Email your charge, summons, and contact details to info@williamarcher.com.au, along with your preferred call time.

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