 see thanks it is 532 now riding under the influence we've been talking about electric scooters so much lately and now a valley man is facing charges for what is likely the first DUI case in the state involving a rentable electric scooter but a local attorney is challenging whether you could be charged with drunk driving on one of those scooters at all are john genovici taking a closer look at this case he's in mason john we know so many cities and agencies are actually trying to define what the rules really are with these things yeah and kaley that's because there is a gray area now when it comes to these electric bikes the law is pretty clear they are not considered a vehicle under state law but with these electric scooters will things get a little more complicated there's a real disconnect in the statute I believe it is unconstitutionally vague as it applies to bird scooters whether a bird a lime or something else new questions over whether you can get a DUI for riding one of these drunk tempi police recommending charges against 28 year old Shelton McGay accusing him back in October of swerving in and out of traffic and causing a crash while riding an electric scooter his blood alcohol level was reportedly more than three times the legal limit but local attorney David Cantor believes the issue with this case in the DUI charge is that these scooters are much different than mopeds like a Vespa he says scooters aren't clearly defined under state law and really these aren't scooters at all this thing is just an electric skateboard with a stick on top of it in a handle that's all it is Cantor's not representing the gay but is planning to file a friend of the court brief in this case under Arizona law he says the definition of a motor vehicle excludes motorized skateboards and electric bikes which could imply that any blood alcohol test on someone riding one of these may be unconstitutional under the implied consent law when you operate a motor vehicle in the state of Arizona you impliedly consent to give blood breath or urine so under that law eight times it says the word motor vehicle and it says if the officer has reasonable grounds to believe you're operating a motor vehicle they can draw your blood well in this case under the definition of motor vehicle it excludes electric skateboards now cities like Tempe and Scottsdale are working on their own to clarify exactly what these are and there is a bill in the state house that would do the same but guys no matter what it is always a dangerous and frankly stupid idea to ride any of this stuff under the influence yeah well absolutely absolutely but the gray area is going to be interesting as we define how this works in our community really across the country john thank you and if you do need another