Well, can you get a DUI on a skateboard? You usually can’t while riding a non-motorized skateboard, because most states only apply DUI laws to motor vehicles. However, if you ride an electric skateboard or create a dangerous situation while under the influence, you could face similar charges or fines depending on your state’s laws.
This may surprise you, especially if you use a skateboard to get around town. DUI laws can be confusing and depend on different definitions of what counts as a vehicle.
Knowing how the law treats skateboarding and drinking or using drugs is important. Being aware of your local rules can help you avoid legal trouble and stay safe on the roads and sidewalks.
Understanding DUI Charges on a Skateboard
Laws about DUI on a skateboard are different across states, and not all skateboards are treated the same way. You need to know how the law defines DUI, the difference between motorized and non-motorized skateboards, and exactly what “under the influence” means for skateboarders.
Definition of DUI on a Skateboard
DUI stands for Driving Under the Influence, usually referring to operating a vehicle after consuming alcohol or drugs. In most places, skateboards are not seen as “vehicles” under standard DUI laws.
However, you might still get charged with other offenses, like public intoxication or disorderly conduct, if you ride a skateboard while drunk. Some states have broader laws that can include skateboards if you are using them in a dangerous way or causing harm.
For example, Oregon has given a DUI to a skateboarder in special circumstances. You are less likely to get a DUI for skateboarding drunk, but it is still possible, depending on your location and behavior.
Differences Between Motorized and Non-Motorized Skateboards
The law treats motorized and non-motorized skateboards differently. A motorized skateboard usually has an electric or gas-powered motor. In some states, riding a motorized skateboard drunk is more likely to be seen as a DUI because the board can go faster and is classified closer to a vehicle.
Here is a quick comparison:
| Type of skateboard | Treated as “vehicle”? | DUI law applies? |
|---|---|---|
| Non-motorized skateboard | Usually no | Rarely |
| Motorized skateboard | Sometimes yes | Possible |
If your skateboard has a motor, you should be more cautious about local DUI rules. Police may use breathalyzers or other tests if they suspect you are impaired while riding a motorized skateboard.
Impaired Skateboarding: What Qualifies as ‘Under the Influence’
“Under the influence” usually means having alcohol or drugs in your system that affects your control, coordination, or judgment. Different states set different limits for what counts as “impaired.” For example, a blood alcohol content (BAC) of 0.08% is a common legal limit for DUI when driving a car, but skateboarding standards can be less clear.
Police can stop you if you look unsteady or are skating in a risky way. Even if you cannot get a DUI, you might still get penalized for skateboarding under the influence if you are a danger to others or yourself. Laws may allow officers to test your alcohol levels if you are riding under the influence and causing a problem.
It’s important to avoid skateboarding drunk, since being impaired puts you at risk for accidents and possible legal trouble.
Relevant DUI Laws and Vehicle Codes
Laws about skateboards and DUI are not the same everywhere. Most states have their own rules, and California’s laws are especially important because of past court cases.
How State and Local Laws Apply to Skateboards
DUI laws in most states are made for motor vehicles, not skateboards. This often means that riding a skateboard while under the influence isn’t the same as driving a car or motorcycle drunk. Most places define a “vehicle” as something powered by a motor, which leaves out regular skateboards that you push with your feet.
Your local area might have special skateboarding laws or public intoxication rules. Breaking these rules can still bring consequences, even if you cannot be charged with a traditional DUI. Police may use other local laws to stop unsafe behavior. For specific skateboarding rules, always check your city or county’s website.
Understanding California Vehicle Code
California law is clear about DUIs with motor vehicles. California Vehicle Code 23152 is the section that deals with drunk driving. In the 2013 People v. Jordan case, courts decided skateboards are not motor vehicles under this code. That means you can’t get a DUI for riding a non-motorized skateboard.
However, California Vehicle Code section 21224 covers other powered personal vehicles, like electric skateboards, and section 21296 deals with operating electric boards under the influence. While you can’t get a regular DUI on a traditional skateboard in California, you could face other penalties if using an electric model while drunk.
Differences in Jurisdiction and Enforcement
Jurisdiction affects what laws you must follow. State traffic regulations often focus on highways and main roads, but cities can have extra skateboarding laws. Some places put restrictions on where you can ride, such as in business districts or on sidewalks. These local rules can lead to fines or other penalties if you’re caught breaking them.
Enforcement also varies. In some areas, officers may just give a warning or a minor ticket for dangerous skateboard use. Other places might be stricter, especially if the city has a problem with public drunkenness or skateboarding accidents. Always follow both state vehicle codes and any local law that applies to skateboarding.
If you are unsure, check both the state vehicle code and your local ordinances to see what rules apply to you as a skateboarder.
Legal Consequences and Penalties
Getting a DUI while riding a skateboard may not be possible everywhere, but some states and local laws do consider it. If you are caught, you could face criminal penalties and lasting consequences, especially if your area treats skateboards as vehicles under DUI laws.
Penalties for DUI on a Skateboard
If you are charged with a DUI on a skateboard in a place where it’s possible, penalties can include:
- Fines
- Community service
- Probation
- Mandatory substance abuse programs
Some areas apply penalties similar to those for motor vehicles, but others have lesser consequences. You might not have to get an ignition interlock device, since skateboards are not motorized. However, you could still have to attend alcohol education classes or perform community service if your state’s laws allow it.
Your age and whether you have past convictions may affect the punishment. If this is not your first offense, the consequences may be stricter. Penalties can also change if someone was hurt or property was damaged during the incident.
License Suspension and Legal Ramifications
In places that treat a skateboard DUI the same as a motor vehicle DUI, your driver’s license may be suspended even though you weren’t driving a car. This is especially true if the DUI is tied to state DUI laws that focus on operating any kind of “vehicle,” not just cars or trucks.
Legal ramifications may include:
- Suspension or revocation of your driver’s license
- Mandatory court appearances
- Possible jail time in some cases
You might face extra penalties if you refused a sobriety test. Some states also require you to complete substance abuse counseling before you are eligible to get your license back. If you rely on your license for work or school, even a short suspension can have a big impact.
DUI Conviction on Record
If you are convicted of DUI on a skateboard, it can remain on your criminal record. This record can make it harder to get jobs, housing, or certain professional licenses, especially if the conviction is treated like a driving-related DUI. The conviction may also show up on background checks performed by employers or landlords.
A DUI on your record can affect auto insurance rates, even if you were not driving a car at the time. Some insurance companies might raise your premiums, or even cancel your policy, depending on their rules.
Having this kind of conviction could also affect future legal trouble you may face. If you get another DUI later, even in a car, the court may see it as a second offense, which can lead to much harsher penalties.
Public Intoxication and Related Offenses
Even if you can’t get a DUI on a skateboard in most states, you can still be charged with other offenses if you ride while drunk. These may include public intoxication and accusations of reckless or dangerous behavior.
Penalties for Public Intoxication While Skateboarding
If you skateboard while visibly drunk, police officers may cite you for public intoxication. This charge means you are in public and your intoxication is causing concern or disturbance.
In many areas, public intoxication is a misdemeanor crime. You can face fines up to $1,000 and even spend time in county jail for up to six months.
A conviction might also mean you have a criminal record. This can affect certain jobs and future background checks. The exact penalties depend on your behavior, level of intoxication, and state or local law.
Here’s a quick reference:
| Penalty | Possible Consequence |
|---|---|
| Fine | Up to $1,000 |
| Jail Time | Up to 6 months |
| Criminal Record | Yes (in most cases) |
Public Safety and Reckless Endangerment
Police are also concerned with keeping the public safe. If you skateboard while drunk, you could put both yourself and others in danger.
In some cases, your actions might be considered reckless endangerment. This means creating a real risk of injury to other people. For example, weaving through busy sidewalks or skating into traffic can quickly lead to an arrest.
Reckless endangerment is a more serious charge in some states. It can result in hefty fines, probation, or even jail. The law is meant to stop risky behavior that can harm pedestrians, cyclists, or drivers.
Accusations of Reckless Behavior
Besides the legal consequences, if you act out or cause property damage while skateboarding under the influence, you could face accusations of reckless behavior. This might mean damaging public property, starting fights, or blocking important walkways.
Police can also ticket you for disorderly conduct if your behavior seems out of control. These charges don’t require that you hurt someone; just acting in a way that causes alarm or inconvenience may be enough.
Even minor accidents or disturbances can make police take action. Keeping your behavior responsible while skating, even if sober, helps avoid reckless behavior accusations.
Can You Get a DUI on a Skateboard – Special Considerations
Not all skateboards are treated the same under DUI laws. Rules can change depending on whether your skateboard has a motor or runs on electricity.
DUI Laws for Motorized Skateboards
A motorized skateboard has a gas or combustion engine. These boards often count as motorized vehicles under the law, especially on public streets.
Most states use the legal term motor vehicle when writing DUI laws. If your state includes motorized skateboards in that group, you could be charged with a DUI if caught riding under the influence. Some places require riders to have a license or wear safety gear.
Key factors:
- Type of engine (gas-powered vs. electric)
- Where you ride (sidewalk, street, private property)
- Local definitions in traffic codes
Check your state’s laws. If police see your skateboard as a motor vehicle, the DUI penalties might be just as serious as for cars or motorcycles.
DUI Implications for Electric Skateboards
An electric skateboard uses a battery and electric motor. Many places treat these differently from gas-powered boards, but not always.
Some states and cities have clear rules. For example, electric skateboards may be in a special category and have their own safety and age requirements. Other places might let police use their judgment if they see someone riding recklessly while impaired.
You can still get ticketed for public intoxication, reckless riding, or even local DUI-like offenses. In a few locations, electric skateboards are grouped with e-scooters or e-bikes. This can mean stricter laws and possible DUI charges, especially where electric vehicles need to follow traffic regulations.
Always research your area’s specific laws before riding an electric skateboard after drinking or using drugs. Penalties and rules vary widely.
Blood Alcohol Concentration and Impairment
Blood alcohol concentration (BAC) is a key factor police use to decide if someone is too impaired to use any type of vehicle. Understanding how BAC is measured and which levels count as impairment helps you know what to expect if you are stopped while skateboarding after drinking.
How BAC is Measured in Skateboard DUIs
Police usually check for BAC using a breathalyzer or a blood test. These tools work the same way whether you are driving a car or riding a skateboard. If you seem drunk, an officer may ask you to take a test to measure your BAC.
It is important to know that some states treat skateboards differently from cars. In most places, you are less likely to get a DUI on a non-motorized skateboard. Still, if you are suspected of being drunk, you can be stopped and tested.
Breathalyzer facts:
- Fast results (10–30 seconds)
- Portable and used at the scene
- Measures alcohol in your breath, not your blood, but gives a close estimate
Thresholds for Impairment
Most states set a BAC limit of 0.08% to define legal impairment for driving a motor vehicle. This means if your BAC is 0.08% or higher, you are considered too impaired to drive. But skateboards are usually not included in DUI laws like cars or motorcycles.
Some states have different rules or local laws that could make it a crime to ride a skateboard while drunk, even if your BAC is under 0.08%. For underage riders, any detectable BAC might get you in trouble, especially if you are under 21.
| BAC Level | Effect on You | Legal Risk |
|---|---|---|
| 0.00–0.04% | Mild impairment | Usually safe |
| 0.05–0.07% | Noticeable effects | Warning or citation |
| 0.08%+ | Legal impairment for drivers | Possible arrest |
Always check your local laws to know exactly what counts as impairment for skateboarding where you live.
Safety Considerations When Skateboarding Under the Influence
Skateboarding while impaired affects both your safety and the safety of others. Your risk of accidents, injuries, and serious consequences increases if you are under the influence.
Risk of Accidents and Injuries
Alcohol and drugs slow your reaction time and make it hard to balance or control your skateboard. Even if you feel confident, your reflexes are delayed and you may judge distances or speeds poorly.
Skateboarding on busy streets or near traffic while impaired can put you in dangerous situations. You may not see cars, signs, or people fast enough to respond safely. This greatly increases the chances of a crash or falling.
According to safety experts, falls from skateboards often lead to wrist, head, and ankle injuries. Under the influence, your risk of a bad fall or collision is even higher. You are more likely to suffer cuts, sprains, broken bones, or even a head injury.
Skateboarding in public while impaired can also get you in trouble with the law, especially if you cause harm to others or damage property.
Role of Protective Gear
Wearing protective gear—such as a helmet, knee pads, elbow pads, and wrist guards—helps reduce the severity of injuries if you fall. Helmets are the most important because they protect your head from serious injuries.
Even with gear, skateboarding under the influence is risky. Protective equipment can only do so much when your balance and coordination are affected by alcohol or drugs.
Some cities or states require helmets when skateboarding in public areas. If you are caught riding impaired and not wearing gear, you could face extra penalties or fines. Make sure your gear fits properly and is in good condition each time you ride.
A simple checklist for protective gear:
- Helmet (certified for skating)
- Knee pads
- Elbow pads
- Wrist guards
- Closed-toe shoes
Skateboarding as Alternative Transportation
Skateboards are often seen as a simple way to get around, especially for short trips. When using a skateboard as transportation, it’s important to understand how laws treat them differently from bikes, motorcycles, or cars.
Legal Risks Compared to Other Modes of Transportation
Non-motorized skateboards are not classified as motor vehicles. In most states, this means you cannot get a DUI when riding a standard skateboard. DUI laws usually apply to vehicles with engines, like cars and motorcycles.
However, if you use a motorized or electric skateboard, the rules can change. Some states might view these boards the same as other motor vehicles, making DUI charges possible. If you ride a skateboard while drunk, you could still get charged with public intoxication or disorderly conduct instead.
Here’s a quick comparison:
| Mode of Transportation | DUI Risk | Other Legal Risks |
|---|---|---|
| Non-motorized Skateboard | Low | Public intoxication |
| Motorized Skateboard | High | DUI, reckless driving |
| Bicycle | Medium | DUI in some states, citations |
| Car/Motorcycle | High | DUI, license suspension |
Always check the laws where you live to be sure.
Choosing Safe and Lawful Alternatives
If you need to travel after drinking, skateboarding is not a safe or law-free option. Even though you might not get a DUI on a non-motorized skateboard, you could still face other penalties or put yourself and others in danger.
Public transit, rideshare apps, and taxis are safer and more lawful choices. These options keep you off the streets and don’t risk violating alcohol-related laws. If you must travel by skateboard, make sure you are sober and aware of your surroundings.
- Do not use a motorized or electric skateboard after drinking.
- Never skateboard in traffic while impaired.
- Plan ahead for a safe ride home.
Making smart choices protects your safety and prevents legal trouble.
Frequently Asked Questions
If you ride a skateboard after drinking, you might not face the same penalties as driving a car. Laws are different between places, and police officers may handle each situation in their own way.
Is it possible to receive a DUI while operating non-motorized transport?
In most states, you cannot get a DUI for riding a non-motorized skateboard. DUI laws usually apply to motor vehicles, not devices powered by your own movement. However, you could face other charges like public intoxication or disorderly conduct.
What states consider a skateboard a vehicle in terms of DUI laws?
Very few states treat skateboards as vehicles under DUI laws. In some places, the law might be less clear, so you could still get into trouble if you create a danger on public roads. Always check local laws to be sure.
Are skateboards subject to the same DUI regulations as bicycles?
Most states have stricter DUI laws for bicycles than for skateboards. Bicycles are often listed as vehicles in many state codes, but skateboards are usually not. This means you are less likely to get a DUI while on a skateboard compared to a bicycle.
What penalties accompany a skateboarding DUI?
It is rare to get an actual DUI on a skateboard, but you might get cited for being intoxicated in public or causing a disturbance. Penalties may include fines, warnings, or even arrest, depending on your behavior and local rules.
Can law enforcement legally seize a skateboard in a DUI situation?
Police can take your skateboard if they think you are a danger to yourself or others, even if you are not formally charged with DUI. This depends on the situation and local police policies.
Does being under the influence on a skateboard carry the same consequences as on public roads?
Riding a skateboard while drunk may not lead to a DUI, but you could still be charged with other offenses, especially if you are on public streets. Consequences are usually less severe than for a DUI in a car but can still impact you.