Abstract: The widespread acceptance of electric scooters has transformed the landscape of urban transportation. Yet, the emerging phenomenon of intoxicated scootering poses unanswered questions of liability and accountability. New research indicates that a third of traumatic electric scooter injuries are associated with intoxicated scootering. This statistic is particularly alarming given that there are over fifty million scooter trips per year in the United States.
In Washington State, the State Legislature has not enacted a state-wide policy against intoxicated scootering. Instead, the Legislature delegates the authority to regulate the operation of electric scooters to local governments. Due to the ambiguity of whether electric scooters qualify as “vehicles” for purposes of the DUI statute, intoxicated scooterers either face no liability or full DUI penalties depending on their local jurisdiction’s regulations. The State’s fragmented approach to intoxicated scootering either overcriminalizes or fails to deter intoxicated scootering. This Comment proposes a statutory carve-out for intoxicated scootering, facilitating deterrence by imposing civil penalties on offenders.
