Under California Vehicle Code 313.5, electrically motorized skateboards are not considered motorized skateboards if it is less than 60 inches long and less than 18 inches wide. So, it is important to first understand if your motorized skateboard is even considered a motorized skateboard before abiding by the laws concerning this mode of transportation.
Motorized skateboards are permitted on the highway, bikeway, or any other public bicycle path, sidewalk, or trail as long as they wear a properly fitted and fastened helmet, according to California Vehicle Code 2192.
Skateboard Helmet Basics in California
In California, individuals caught not wearing a helmet when they are legally required will likely receive a fine between $25 and $200. Adults are not required to wear helmets while riding regular, non-motorized skateboards, but they are ALWAYS required when operating a motorized skateboard. By law, in California, all motor-driven bicycles, skateboards, scooters, or motorcycle drivers must wear a helmet, including passengers.
According to California Legislation, the youth helmet law applies to riding a skateboard on the street, bikeway, sidewalk, or public bike path. So, it is technically legal for someone under 18 years of age to ride a skateboard without a helmet on private property. If a minor does receive a helmet violation, a parent or guardian will be responsible for paying the ticket. However, California has a program to reverse helmet citations. After receiving a helmet citation, California citizens have the option to attend a safety class and show proof of a purchased helmet to have the citation removed. California offers those who have received a bicycle helmet citation 120 days to complete these tasks and avoid being fined.
Can I Get a DUI on an Electric 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.
Driving Motorized Scooters 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 and bicyclists stopped for DUI are required to submit to a breath or blood test. This law presumes drivers 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 on a Motorized Skateboard
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 and registration 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 riding your motorized 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.
Contact a Motorized Skateboard Accident Lawyer in California
If you or a loved one has been injured in a motorized skateboard accident, the accident attorneys at Maison Law can help. Our firm has years of experience in liability law and will aggressively pursue a successful outcome for your personal injury claim. Contact Maison Law today for a free consultation and case evaluation.
