This is the question I often asked by newbies, those who have never done this but are planning to get drunk and skate, or those who are just curious about the thought.
First of all, we have to look at the question of whether a skateboard is a vehicle or not before asking this dui question.
To answer this, let’s look at the vehicle code for definition. A vehicle is defined as a gadget that can accelerate, be mobile, and operate on highways.
However, the exception is also a rule here about the source of propulsion. In our case, a skateboard is propelled by human force and does not contain any motorized components.
So with that definition in clearance, one cannot get DUI for riding aboard while under the influence of alcohol or psychoactive substances. However, this limitation of vehicle code does not guarantee that you will not face the consequences of riding a skateboard under the influence.
Drink And Skate
You can get into trouble if you decide to ride after a couple of beers. The alcohol will render you to have a delayed reaction to what’s coming in front of you, including pedestrians and sharp turns, which can result in self-injury as well as the person you’ll be hitting. This is an effect similar to when you are driving a regular car while drinking.
If caught riding a skateboard while under the influence, the police may sample your alcohol level through a breathalyzer for skating haphazardly.
Depending on the state, .09% or higher is the legal bracket for impairment. In certain situations, you might even get a DUI for riding a skateboard while being drunk. An example of a man in Oregon who was charged with a DUI when he smashed into a moving vehicle on his skateboard.
Alcohol is subjective but also varies according to physiological conditions. People experience it differently. A person who weighs 150 pounds can have a blood alcohol concentration of 0.9% after just two or three drinks.
So can you get a DUI on a skateboard?
An officer might use a special clause in Vehicle Code against you. According to this clause, the office may charge you with a misdemeanor if you get caught riding a skateboard under the influence of drugs or alcohol. Keep in mind that a misdemeanor also comes with a jail sentence.
However, some states might fine you $250-$300. But be aware because many states enforce the same jail time as those operating a motorized vehicle under the influence if you get caught skating drunk. So it is impossible to get a DUI on a skateboard, but you may face similar charges under a different clause.
Technically, you will not be charged with a DUI, but the punishment may be equal to a DUI. Some states are more lenient towards drunk skating, while others are too strict for such acts of public drunkenness.
City ordinances regulate a vague restriction on skateboarding surfaces. You’ll be stopped for questioning if you get caught riding in a restricted area. You can’t do a DUI on a skateboard if found riding in a restricted area. You might get a slap on the wrist, but DUI is not applicable here. You are in the clearing unless the officer suspects something and decides to do a breathalyzer test.
However, if you have a medical condition such as diabetes or rare auto-brewery syndrome, you will indicate a falsely high blood alcohol concentration level. So inform the officer about your condition.
Suppose you get caught riding restricted areas while drunk. You might get into serious trouble with the law enforcement agencies or the police. You can be arrested and cited for breaking disorderly conduct laws.
For example, if you ask if it is illegal to ride a skateboard on the road? Then the answer is no. It is generally not legal to skate on the road. It is also dangerous to yourself if you decide to do it. Roads are full of dangers, and you should avoid riding skateboards on them, legal or illegal, drunk or sober.
Laws and Regulations
Most cities allow skateboarding on bike lanes, but you need to learn proper signaling for turns and be aware of other riders around you. But if you get the urge to skate on the road and you cannot make it go away, try finding an empty one.
Usually, it is safe to skate on roads with low traffic, or motorists do not generally use it. Just always check with the local laws. Sidewalks are legal to skate upon worldwide, and you cannot go wrong with sidewalks, ever! Just make sure you wear proper protective gear and be mindful of the pedestrians.