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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.
We’re Here to Help
Visit us, call for a free consultation, or fill out the form to get in touch.
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Address7/197 Springvale Road, Nunawading
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AddressLevel 40, 140 William Street, Melbourne
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Telephone
Call us toll free on 1800 351 114 to speak with a lawyer.
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SMS
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
Email your charge, summons, and contact details to info@williamarcher.com.au, along with your preferred call time.
Contact Us for Expert Advice
Our Expert Traffic Law Services
How it works
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Contact Us for a free Case Assessment
Call us or submit the form to discuss your case with a traffic law expert.
STEP 01 -
Get Tailored Legal Advice
We’ll review your case and provide clear, practical advice on your best legal options.
STEP 02 -
Strong Representation in Court (If Needed)
If required, we’ll prepare thoroughly and represent you to achieve the best possible outcome.
STEP 03 -
Get the Best Outcome
We'll fight hard to minimise penalties, protect your licence, get your charges dropped whenever possible, and avoid a conviction.
STEP 04
Real Results, Real Stories
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Failure to Provide a Name and Address – Melbourne Magistrates’ Court
The Court: Melbourne Magistrates’ Court The Date: June 2026 The Charges: Road Safety Act 1986 s.61(1)(c) – Failing to provide a name and address Possible penalties our client was facing: A fine of up to 5 penalty units ($1,045.50), or imprisonment of a maximum 14 days. The facts of the case: Our client was charged […]
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Careless Driving and Failure to Give Way – Melbourne Magistrates’ Court
The Court: Melbourne Magistrates’ Court The Date: June 2026 The Charges: Road Safety Act 1986 s.65 – Careless Driving Road Safety Road Rules 2017 r.75(1)(c) – Failure to give way to oncoming traffic when turning right. Possible penalties our client was facing: A fine of up to 12 penalty units ($2,442.12) or imprisonment for up […]
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Driving while suspended and driving an unregistered car – Melbourne Magistrates’ Court
Drive Suspended and Driving an Unregistered Vehicle – Melbourne Magistrates’ Court The Court: Melbourne Magistrates’ Court The Date: May 2026 The Charges: Road Safety Act 30 (1) – Drive Suspended Road Safety Act 7(1)(a) – Driving an Unregistered Vehicle Possible penalties our client was facing: Charge 1: Imprisonment of up to 2 years Fine of […]
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Multiple Charges (5)- 2026 – Portland Magistrates’ Court
Multiple Charges (5) drink drive, theft, careless drive and failing to wear a helmet The Court: Portland Magistrates’ Court The date : 2026 The Charges: Road Safety Act, Section 49(1)(b) – drive a motor vehicle while more than the prescribed concentration of alcohol was present in his blood (Alleged reading 0.233) Road Safety Act, Section […]
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Dangerous Driving, speeding – Broadmeadows’ Magistrates’ Court
Dangerous driving, speeding – 2026 – Broadmeadows’ Magistrates’ Court The Court: Broadmeadows Magistrates’ Court The Date: December 2025 The Charges: Road Safety Act 1986 (Vic) s 64(1) – Dangerous driving Road Safety Road Rules 2017 (Vic) s 20 (1) – Speeding Possible penalties our client was facing: Charge 1: Fine of up to $48,842.40 Up […]
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What Our Clients Are Saying
“Amalia from William Archer was really helpful and accommodating. She assisted me in every way she could do to enlighten me with my case. She is willing to help me more beyond expectation. Amalia is a gem!”
“They were great, The lawyer I had was straight forward, kind and clear and if you wasn’t sure about something they would explain it with better detail, I would recommend them”
“Happy to answer multiple Qs , didn’t rush me off the phone , happy to spend time and elaborate even though mine was a small case compared to most.
No sugar coating , very honest , no bs.
Thankyou to Ameia !
Kind regards
Brok…..”
"Dear Amalia, I hope this message finds you well. I wanted to take a moment to sincerely thank you for your invaluable advice and guidance regarding the infringement notice I received. Your insights were clear, practical, and provided me with much-needed reassurance during a stressful time. Your expertise and thoughtful... Read More
"This review is for Amalia Vicze - one of the best experiences Ive had when it has come to dealing with lawyers. Not only was she comforting, but brief, efficient and clearly great at her job. Despite the stress any individual may face when going to any lawyer, Amalia provided... Read More
"I had the pleasure of working with Luke, and I can't recommend him highly enough! Not only did he help me save my driver’s license, but he also made the entire experience much less stressful. Luke is incredibly down to earth and has a way of making you feel relaxed,... Read More
"What can I say, from Amalia to Luke, William ARCHER Lawyers were exceptional. Luke helped me every step of the way, explaining to me through every step and reassuring me as I was a nervy wreck with this being my first ever time in court. I was expecting a hefty... Read More
“I was fortunate to have Luke Simpson look after my case. Luke was a true professional to work with. Luke explained the process clearly, leading up to the case and also on the day. Great outcome, i highly recommend Luke’s services in this area.”
“Attorney Luke is very patient, polite, and able to provide the most professional legal advice and help in a timely manner. Many thanks to Luke and his team, highly recommended!”
“They gave me some valuable information free of cost and told me other lawyers would probably take you to court and lose and even charge you money that bit of information was given to me of cost”
Our Latest Articles
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The Demerit Point Misconception: Can Going to Court Save Your Points?
One of the most common misconceptions among Victorian motorists is that electing to have a traffic infringement heard in court may allow them to avoid demerit points. Many drivers believe that a Magistrate has the discretion to impose a fine without recording demerit points, particularly where the offence is minor or the driver has an […]
Oct 28, 2026
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Should I elect to have my Traffic Infringement Notice heard in Court?
Receiving a Traffic Infringement Notice can be frustrating, particularly where the alleged offence carries a substantial fine, demerit points or the possibility of losing your driver’s licence. In Victoria, motorists generally have the right to elect to have an eligible infringement matter heard and determined by the Magistrates’ Court. However, before making that decision, it […]
Oct 28, 2026
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Repeat Drink Driving Offence – Is There Any Hope in Court?
If you’ve been caught drink driving again, it can feel like the ground has dropped out from under you. Most people at this point aren’t asking about fines. They’re thinking: “It’s over.”“They won’t go easy on me this time.”“I’m going to jail.” That sense of hopelessness is common. And it’s understandable. But here’s the truth, based […]
Aug 10, 2026
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Should I Represent Myself in Court?
At the outset, the reader may find it ironic to find this article published on a Law Firms website that charges for professional services. However, what follows is, so to speak, the truth, the whole truth and nothing but the truth when it comes to the decision to represent yourself in court. It doesn’t matter […]
May 11, 2026
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First Time Drink Driving Charge in Victoria – What You Need to Know
If you’ve been caught drink driving in Victoria for the first time, you’re probably feeling rattled. Most people in this position are thinking the same things: “Am I going to court?”“Do I lose my licence straight away?”“Will this ruin my job or future?” That reaction is normal. A first time drink driving charge in Victoria is serious. But it […]
May 08, 2026
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How to Get Your Licence Back After Being Caught and Disqualified in Victoria
You cannot just start driving when your disqualification period ends. Once a court cancels your licence, it is completely void. You must officially apply to VicRoads to get a new licence. Depending on your offence, you might also have to go back to the Magistrates’ Court first to get a “licence eligibility order”. Over 90% […]
Apr 15, 2026
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What Happens After a DUI Charge in Victoria – Step-by-Step Timeline
If you’ve just been charged with a DUI or drink driving offence in Victoria, the waiting is often the worst part. Most people leave the police stop or station thinking: “What happens now?”“Have I already lost my licence?”“When do I go to court?”“What am I meant to do before then?” This page walks through what usually happens […]
Apr 14, 2026
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The Dangers of AI and The Law
Since the introduction of AI Large Language Models (LLMs) in the early 2020s, people have increasingly relied on AI platforms such as ChatGPT and Google Gemini to assist with day-to-day tasks, from drafting emails to summarising complex information. By 2026, it is widely understood that while these tools are powerful, they are not infallible. One […]
Apr 10, 2026
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Vehicle Impoundment, Immobilisation & Forfeiture in Victoria – Know Your Rights
Had your car impounded, immobilised, or facing forfeiture in Victoria? Learn how hoon laws work, when police can seize your vehicle, how to appeal, and when to get legal help. Practical guide from William Archer Defence Lawyers.
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Failure to Nominate the Driver of a Motor Vehicle – s60 Road Safety Act
If you’ve been contacted by police and asked, “Who was driving your car?”, you might be thinking you can just say “no comment” and move on. A lot of people think that. This charge exists because, under Victorian law, the registered owner (or the person responsible for the vehicle) can be required to help identify […]
Mar 30, 2026
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