Surprisingly, you cannot get a DUI on a skateboard in California! That is because the DUI laws in the state do not apply to human-powered vehicles (bicycles excepted). However, it is possible to be charged with other crimes if public intoxication causes you to wreck while riding.
If you were recently convicted of any sort of DUI in Los Angeles, it is always the best course of action to get legal help from a Los Angeles DUI lawyer. Here’s what you need to know about DUIs and human-powered vehicles in this state.
What Is a Vehicle in California’s DUI Laws?
Under California Vehicle Code Section 670:
“A ‘vehicle’ is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.”
You can be arrested and charged with DUI while riding a horse because you are moving because the animal is quite literally horse-powered. You can’t get a DUI on a pogo stick, a pair of rollerblades, or a skateboard. These aren’t considered vehicles.
The one exception to the human-powered rule is the bicycle. There is a law that deals specifically with outlawing operating a bicycle while impaired by alcohol or drugs.
You Can’t Get a DUI on a Skateboard, but Other Issues Can Slow Your Roll
You can choose to climb on your deck and pop an ollie onto the rails around your neighborhood, but if the police observe erratic riding and suspect you are impaired by alcohol or drugs, you may be asked to take a breathalyzer test or other test to determine sobriety.
You may be let go with a warning, or you can be ticketed for trespassing. In a worst-case scenario, you could be arrested for disturbing the peace or public intoxication. There are a couple of other reasons outside of the law to avoid drinking and skating, like:
- Skating while impaired can affect coordination, balance, and judgment, causing accidents and injuries.
- Skating while drinking becomes cumbersome because alcohol dehydrates the body, causing exhaustion, cramps, and a host of other issues.
What Are the Penalties for Public Intoxication While Using Alternative Transportation?
Public intoxication is a misdemeanor offense that can result in up to six months in county jail and fines of up to $1,000. The severity of penalties often depends on factors like your behavior, level of intoxication, and whether any property damage or injuries occurred.
If you’re caught performing dangerous stunts or riding recklessly while intoxicated, you might face additional charges like disturbing the peace or vandalism if you damage property.
A public intoxication charge can have lasting consequences beyond immediate legal penalties. It creates a criminal record that could affect future employment opportunities and professional licenses. Additionally, multiple public intoxication charges can lead to enhanced penalties and mandatory substance abuse treatment programs.
What About Electric Skateboards?
So you can’t get a DUI on a skateboard, but can you get one riding an electric one? In 2015, California Governor Jerry Brown signed a new law allowing anyone 16 years and older to ride electric skateboards and hoverboards. However, you can only ride these e-boards on:
- Sidewalks and walking trails
- Bike paths, trails, and lanes
- Roads with speed limits of 35 miles per hour or less
Furthermore, you can get a ticket for riding these low-speed devices while intoxicated. However, the penalties are far less than a normal DUI. Violators are only punished with a maximum fine of $250, but it is still a mark on your record.
What About DUIs on Other Personal Transportation Devices?
The key distinction about getting a DUI on a transportation device is whether the device is entirely human-powered. You can’t get a DUI on a pogo stick. However, the rise of personal mobility devices has created new legal considerations.
For example, hoverboards and electric unicycles are classified similarly to electric skateboards under California law. On the other hand, electric wheelchairs are not subject to DUI laws. Despite being electrified, they are considered to be human-powered devices.
These low-powered devices may have some DUI laws attached to them, but the penalties are nothing like they are for a DUI in a normal vehicle.
What Should You Do if Stopped by Police While Using Alternative Transportation?
If law enforcement stops you while using alternative transportation, remain calm and cooperative while protecting your legal rights. Remember that you have the right to remain silent beyond providing basic identification. Don’t volunteer information about where you’ve been or what you’ve been drinking.
Document everything about the encounter as soon as possible. Note the time and location of the stop, the officer’s name and badge number, and any witnesses present. If you’re using a rental device like an e-scooter, take screenshots of your rental information and trip data, as this might be important evidence later.
Pay attention to whether the officer follows proper procedures. If they administer any tests, such as a breathalyzer or field sobriety test, note whether they explained your rights and the consequences of refusing. These details could be crucial if you need to challenge the charges later.
Contact a DUI Lawyer in Los Angeles Today
It is best to play it safe and skate sober. While you can’t get a DUI on a skateboard, you are taking plenty of other risks by using a skateboard under the influence.
If you have recently been charged with driving under the influence in Los Angeles, employing a DUI attorney is essential. A qualified attorney knows the ins and outs of California’s DUI laws and gives you the best defense possible during your administrative hearing.
A Los Angeles DUI lawyer is here for you when you need help. For more information or to arrange a consultation, please contact us online.
