Motor Scooters/D.U.I.

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There is an urban legend that says:  If a motor scooter has an engine that is 50 cc or less, then the driver is not subject to being charged with a D.U.I. if he/she drinks and hops on a scooter.  Be advised that the State Legislature, in defining a motor vehicle in Section 42-1-102(58) C.R.S. 2011, has specifically included a low-power scooter in the definition of motor vehicle.  Therefore, if you drink and hop on your scooter you can be arrested and successfully prosecuted for D.U.I.  I have had clients who live in the downtown area and like to ride their scooters into LoDo to party.  You cannot drink and operate a scooter without risking arrest for a D.U.I.  Please walk or take a cab. 

Call me if you have any questions at 720-670-2500. 

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