DUI, License Revocation and E-Bikes: State of the Law on March 18, 2022
Help! I got a DUI and my driver’s license was revoked! Can I use an E-Bike or scooter without a license?
Getting a DUI can turn your life upside down. In addition to being arrested, dealing with court hearings, and figuring out the right lawyer (paying?!?!), you may also lose your driver’s license.
We understand that your life does not stop once you get a DUI. Getting to work, making groceries, spending time with your friends, doing useful public service, classes, and going to probation. You need to get around. But without a driver’s license you cannot drive a car or other motorized vehicle.
In addition to walking, biking, public transportation, or Uber/Lyft, is there an energy assisted mode of transportation you can use? For a long time, the answer was a low powered scooter. The politicians figured this out and changed the law to require a driver’s license (CRS 42-2-103(2)(a)) and insurance (CRS 42-4-1409). I guess they do not want you to keep your job, because they imposed a driver’s license on these life savers.
Battery-powered electronics are here to save the day. The law does not require a driver’s license for many electric bicycles or E-Bikes. BTW – if you are intoxicated while riding any bike, you can be arrested for DUI.
Colorado law separates electric bicycles into three different classes that do not require a driver’s license (CRS 42-1-102 (28.5)):
Class 1 electric-assisted bicycle: provides assistance when the rider is pedaling and stops providing assistance once the bicycle hits 20 mph
Class 2 electric-assisted bicycle: provides assistance regardless of whether the rider is pedaling, and stops providing assistance once the bicycle hits 20 mph
Class 3 electric-assisted bicycle: provides assistance when the rider is pedaling and stops providing assistance once the bicycle hits 28 mph
Anything that does not fit one of these categories, meaning faster or with no pedaling, requires a driver’s license in Colorado. (e.g. - Electric Scooters CRS 42-1-102 (28.8)).
When choosing your e-bike, be aware that Class 3 E-Bikes are not allowed on the majority of trails and walk/bike paths around the state of Colorado. Essentially, class 3 E-Bikes are meant to be ridden on the roadways.
Electric skateboards (E-Boards) and E-scooters do not require a driver’s license either. I expect the faster scooters to be regulated in the near future. It takes a couple of injury crash stories with no insurance to change the law.
Beware – the Interlock Driver’s License Clock does run until you obtain an interlock license and pay SR-22 insurance. This can be started without putting an interlock in a car, owning a car, or driving a car. A good lawyer knows how – we do. If you have a refusal, high BAC or multiple DUI convictions, you likely need to have an interlock for 2-3 years before you can get a regular license again, even if you are out of state. [Interlock is the breathalyzer attached to your ignition.] We can help get your license back quickly and efficiently. There is a way to get the Interlock 2-3 year clock running without a car or paying interlock fees – call us.
At The Savela Law Firm, we know that criminal cases carry consequences beyond the courtroom. The best way to avoid these consequences is to not get stopped and arrest for DUI, but if you do, to win the DMV license revocation hearing and criminal case. Give us a call for all your DUI concerns #HonestResults – 720-821-1001