Can You Get a DUI On a Skateboard?

When you think about drunk driving arrests, skateboards probably do not come to mind. However, state DUI laws can be surprisingly broad. They can cover various forms of transportation beyond traditional automobiles. Understanding whether operating a skateboard while intoxicated could lead to criminal charges requires examining your state’s specific legal framework.

Getting charged with driving under the influence (DUI) for riding a skateboard may feel confusing and overwhelming. However, a DUI defense attorney can help you look at your case. They can help you understand the charges and weigh your options.

Does a Skateboard Count as a Vehicle?

Most DUI or DWI laws are designed with motor vehicles in mind. For instance, federal law specifically mentions”motor vehicle”when talking about blood alcohol concentration (BAC) levels. Officers may use a breathalyzer test to determine if someone is driving while impaired.

However, the distinction lies in how each state law defines”vehicle”versus”motor vehicle.”Some state laws define”motor vehicles”as any device that can be used to transport a person on a highway. This definition could potentially include golf carts, mopeds, and even lawnmowers, if used on public roads. Some states even include bicycles in their DUI laws.

Meanwhile, some states define”vehicles”with the exclusion of those exclusively powered by humans. This is when the charges for things like riding a skateboard while under the influence of drugs or alcohol come into the picture.

Alternative Charges

Even when DUI charges do not apply, the state can pursue other alternative criminal charges, such as:

• Public intoxication

• Disorderly conduct

• Reckless endangerment

The penalties for these charges are typically less severe than a DUI. Instead of jail time or driver’s license suspension, you’d probably have to pay a fine. However, penalties could be more severe if someone causes an accident while riding their skateboard and alcohol is involved.

Below, we’ll go through some examples of how different states approach DUI charges and whether they can apply to someone using a skateboard. But keep in mind that, in any case, the above alternative charges may still apply.

Critical Legal Distinction: Electric Skateboards vs Traditional Skateboards

Traditional skateboards are human-powered devices. Most states exclude them from the definition of”motor vehicles.”For instance, the California Vehicle Code specifically excludes a device moved exclusively by human power. New York’s Vehicle and Traffic laws mention the same, as they exclude devices moved by human power from the definition of”vehicle.”

However, electric skateboards and hoverboards contain motors, which potentially change their legal classification.

California even distinguishes between types of motorized boards. The California Vehicle Code prohibits the use of”motorized skateboards“but allows”electrically motorized boards.“

What’s the difference? In California, an electric skateboard is any wheeled device that:

• Has a floorboard designed for standing, that is no longer than five feet and less than 18 inches wide

• Is designed to transport one person

• Uses a propulsion system averaging less than 1,000 watts

• Ability to reach a speed of no more than 20 miles per hour on a flat surface

It is also unlawful for anyone to operate an electric skateboard while intoxicated in California. Conviction for doing so can lead to a $250 fine.

The emergence of electric skateboards and hoverboards changed how state laws treat drunk driving on a skateboard. Electric skateboards could fall under the classification of a”motor vehicle”in some states, meaning you could face similar legal consequences. Other states have addressed this issue in separate statutes, like the one in California mentioned above.

In many states, it’s unlikely for a DUI arrest to happen to someone riding a skateboard. But that doesn’t mean you couldn’t face other criminal charges.

States That Limit DUI to “Motor Vehicles”

The following are some of the states where a DUI conviction is unlikely if you use a traditional skateboard as a mode of transportation.

Arizona

Arizona Revised Statutes Section 28-101.77 specifically excludes”devices moved by human power”from its definition of”vehicle.”This makes traditional skateboard DUIs impossible under Arizona law.

However, it is still possible to face criminal charges for public intoxication, disorderly conduct, and other related charges. You could also face civil liability if you get into an accident.

California

The California Code specifically excludes human-powered vehicles. Thus, riding a traditional skateboard while intoxicated cannot result in DUI charges. Other criminal charges are still possible.

California Vehicle Code also specifically addresses electronic skateboards. The law calls them”electrically motorized boards.”As mentioned above, in California, it is unlawful for anyone to operate an electronic board while impaired by alcohol or other controlled substances. However, it is a different charge than a DUI and has much lower penalties.

New York

New York limits DUI charges to”motor vehicles.”Under New York Vehicle and Traffic Law, it is illegal to operate a”motor vehicle”while impaired. This definition excludes vehicles powered by humans, such as bicycles or skateboards.

However, New York does penalize operating bicycles with electric assist while under the influence of alcohol or controlled substances. This could suggest similar treatment for electronic skateboards.

Texas

The Texas Penal Code specifically requires a”motor vehicle”for DUI charges. Traditional skateboards lack motors, so they do not qualify for DUI purposes.

Electronic skateboards or hoverboards, however, could fall under the”motor-assisted scooter”classification in Texas law.

Washington

In 1995, the Court of Appeals of Washington ruled in City of Montesano v. Wells that DUI laws do not apply to nonmotorized devices such as bicycles. Since traditional skateboards do not have a motor, the chances of being charged with DUI for riding a traditional skateboard are low.

But, a person could still be arrested on other charges if they’re caught skateboarding drunk, such as public intoxication.

Illinois

Illinois DUI law under 625 ILCS 5/11-501 applies to operating”any vehicle”while intoxicated. However, the Illinois Vehicle Code defines “vehicle” as excluding”devices moved by human power.”

Since traditional bicycles and skateboards are moved by human power, they are excluded from DUI charges. But, you can still be cited for traffic violations, disorderly conduct, or public intoxication.

States With Broader Vehicle Definitions

The following states have broader DUI laws that do not explicitly exclude skateboards. However, even in these jurisdictions, a DUI arrest on a skateboard is very rare. Prosecutors are much more likely to bring an alternative charge like disorderly conduct or public intoxication.

Colorado

DUI statute penalizes operating a”motor vehicle or vehicle”under the influence of drugs or alcohol. The Colorado Revised Statutes defines”vehicle”as”a device that is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks.”

This broad definition could include traditional skateboards, bicycles, and other devices with wheels. This makes traditional skateboard DUIs theoretically possible. But, it’s not a common charge.

Florida

Florida’s motor vehicle statutes also use broad language that could include skateboards. The statute prohibits operating a”vehicle”while impaired. The law defines”vehicle”as any device that a person or property can be transported or drawn on a highway.

While the statutory language is broad, in practice, DUI charges for riding a traditional skateboard are extremely rare, and alternative charges are much more common.

Oregon

Oregon’s Vehicle Code is fairly broad. It subjects persons riding bicycles to the same rights and duties as those driving other vehicles. State courts have applied Oregon’s DUI laws to both traditional and electric bicycles.

However, it is extremely rare for Oregon prosecutors to bring DUI charges against someone for riding a skateboard while intoxicated. Alternative charges, like public intoxication, are much more likely.

Seek Legal Advice from a DUI Defense Attorney

Although it is possible to get a DUI on a skateboard in some states, in most cases, authorities will pursue a charge like public intoxication. Or, if you get into an accident, you might be found liable for someone else’s injuries or property damage.

If you are facing criminal charges related to riding a skateboard while intoxicated, seek legal advice from a criminal defense attorney or a DUI attorney. They can help you understand the complex variations in state laws and how they apply to your case. A DUI lawyer can also help evaluate the specific factors of your DUI arrest that you can use as a legal defense for your situation.