No, you cannot get a DUI on a skateboard, but you can be fined up to $250 if you’re riding on your skateboard while intoxicated. You can, however, receive a DUI for operating a motorized skateboard while under the influence of drugs or alcohol.
Is it Possible to get a DUI on a Skateboard?
While riding an ordinary skateboard intoxicated will not result in a DUI, riding an electric skateboard under the influence of drugs or alcohol is against the law. This is covered specifically in Section 21296 of the California Vehicle Code, which states:
“(a) It is unlawful for a person to operate an electrically motorized board upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug.
(b) A person arrested for a violation of this section may request to have a chemical test made of his or her blood or breath for the purpose of determining the alcoholic or drug content of that person’s blood pursuant to subdivision (d) of Section 23612, and, if so requested, the arresting officer shall have the test performed.
(c) A conviction for a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250).”
Penalties for Skateboarding Under the Influence
Violation of Vehicle Code 21200.5 is a misdemeanor in the state of California with a punishment of up to a $250 fine. Unlike a DUI for vehicle drivers, bicyclists under the influence will not receive any jail time for their violation. Examples of CVC 21200.5 include:
- Riding your skateboard home after a night of drinking at a club, restaurant, or bar
- Skateboarding on the street while high on marijuana
- Crossing into opposite lanes or traffic, running stop signs, and making erratic turns due to being intoxicated
The language of California Vehicle Code 21200.5 reads as follows:
“Notwithstanding Section 21200, it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person’s blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person’s blood pursuant to Section 23612, and, if so requested, the arresting officer shall have the test performed. A conviction of a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250). Violations of this section are subject to Section 13202.5.”
Driving Under the Influence (DUI) Test
Unfortunately, drunk driving is a common occurrence in California. Here is a summary of the Annual Report of the California DUI Management Information System:
- 123,548 DUI arrests were made in the state of California
- Around 70% of DUI violations in California end in convictions
- The median age for a DUI in California is 31 with over 70% of drivers being over the age of 40
- 73% of all DUI arrests are first-time offenders
Under California Vehicle Code 23612, motorists, bicyclists, and skateboarders stopped for riding while intoxicated are required to submit to a breath or blood test. This law presumes riders give implied consent to testing by driving on the road. Refusal to take a DUI test can result in a minimum punishment of one year of license suspension.
What to Expect if an Officer Stops You for DUI
Police officers are keeping an eye out for people breaking the law, so once you’re at a checkpoint an officer will be mainly looking to see if you:
- Have difficulty gathering your license once it is requested
- Smell like alcohol
- Have trouble understanding or answering the officer’s questions
- Have any alcoholic beverages, drugs, or paraphernalia on your person
- Exhibit slurred speech, red/watery eyes, or signs of physical impairment
If you are intoxicated and you get stopped while on your skateboard, your experience will not be a good one. If an officer believes you are intoxicated, they will extend their investigation. This can lead to a California DUI field sobriety test (FST), or a breathalyzer test. If there is probable cause to believe that you were driving under the influence of alcohol or the influence of drugs, you may be ticketed.
DUI Checkpoints and Your Fourth Amendment Rights
The Fourth Amendment of the Constitution states that individuals are protected against “unreasonable searches and seizures” of property by the government. Over time, this amendment has expanded to protect individuals from stop-and-frisk searches and other forms of property seizure without probable cause. In order to comply with the Fourth Amendment, California DUI checkpoints must adhere to the following:
- The checkpoint must be reasonably located and identifiable
- Supervising officers must make all operational decisions
- Stopping citizens must be a non-discriminatory or neutral action
- Adequate safety precautions must be taken
- Proper signage must display the existence of the checkpoint
- Intoxicated citizens can only be detained for a minimum amount of time
- Roadblocks must be publicly advertised in advance
Support for Skateboarders Riding Under the Influence
If you or a loved one has been criminally charged while skateboarding under the influence, contact us at Maison Law for a no-risk consultation and free case assessment from one of our experienced attorneys. No upfront money is needed. We don’t get paid unless we win your case.
