ALBUQUERQUE, N.M. (KRQE) – She was the first person to get a DWI on an electric scooter since they hit the streets of Albuquerque in May. Now, the District Attorney’s Office has dropped the charge.

Back in May, Albuquerque police arrested Lily Romero and charged her with a DWI after they caught her going the wrong way on Second Street downtown while on an e-scooter.

She struggled through the sobriety test and blew a 0.16, an aggravated DWI. It seemed like a clear cut case for prosecutors. She was driving drunk on the scooter.

But now, KRQE News 13 has learned the District Attorney’s Office offered Romero a plea deal. Court documents show she pled guilty to disorderly conduct, but the DWI charge was dismissed.

A DA spokesperson says there’s still a lot of ambiguity about prosecuting these types of incidents, adding Romero had no criminal history and did not injure anyone.

People in Albuquerque have mixed feelings about how DWI cases on e-scooters should be handled.

“People these days just don’t have the common sense to just act right. You can definitely get in someone’s way and cause an accident,” says Markus Rodriguez.

“There should be a little bit of leniency on the punishment,” says Jarrett Holsten.

KRQE News 13 asked the DA’s Office why these cases are so hard to prosecute but did not hear back. APD believes that’s the only e-scooter DWI bust they’ve made, but says they’ll continue to make arrests.

As part of the plea agreement, Romero has to do eight hours of community service. If she violates her probation, she can face up to six months in jail.