Ellis B. Klein & Associates Home
Pennsylvania DUI Law and Electric Bikes: What You Need to Know
Understanding E-Bikes in Pennsylvania
Electric bikes (or “e-bikes”) are becoming more popular in Pennsylvania — offering an eco-friendly, cost-effective alternative to driving. But while they may look like bicycles, the law treats them differently in some situations, especially when it comes to Driving Under the Influence (DUI) cases.
In Pennsylvania, an e-bike is defined as a “pedalcycle with electric assist” which means it has operable pedals, powered by an electric motor no more than 750 watts (1 horsepower), and cannot exceed 20 mph on motor power alone.
Can You Get a DUI on an Electric Bike in Pennsylvania?Yes — you can.
Under 75 Pa.C.S. §3802, Pennsylvania’s DUI statute prohibits operating “any motor vehicle” while under the influence of alcohol or controlled substances. Pennsylvania courts have historically interpreted “vehicle” broadly to include an e-bike. Even a riding lawn mower or an electric wheelchair can be considered a vehicle in Pennsylvania if it was being operated on a public trafficway.
If you are found to be operating an e-bike while impaired, you could face the same DUI
Penalties if Found Guilty of DUI on an E-Bike”If charged with DUI on an electric bike in Pennsylvania, you will face the same penalty as if you were driving a car:
- Mandatory jail time and/or probation. Jail time depends upon prior convictions for DUI and can range from 2 days in jail to a mandatory 1 year minimum jail sentence.
- Fines and court costs
- License suspension – up to 18 months
- Mandatory alcohol safety school or treatment programs
- A permanent criminal record
Even if you weren’t driving a car, the DUI conviction still appears on your criminal history (rap sheet) and can affect your driver’s license and also your insurance.
Important Legal Gray AreasBecause this is a new area of the DUI law, there are still unsettled legal questions around e-bikes and DUI law in Pennsylvania. Because e-bikes are classified as “pedalcycles with electric assist,” there could be certain defense available to the driver if the motor was off and the bike was only being powered by pedals or if the e-bike was being operated solely on a sidewalk or on private property not open to the public.
If you’ve been charged with DUI on an electric bike, it’s crucial to speak with an experienced Pennsylvania DUI defense attorney familiar with e-bike laws. Electric bikes are a great way to travel — but Pennsylvania’s DUI laws still apply. If you’re stopped while riding under the influence, you could face serious legal consequences. Understanding the law can help you stay safe, avoid charges, and make the most of your e-bike responsibly.
Need Legal Help?If you’ve been charged with DUI while riding an electric bike in Pennsylvania, our experienced defense attorneys can help. We’ll review your case, challenge the evidence, and fight for the best possible outcome.
Call Ellis B. Klein & Associates or contact us online for a free consultation.
