California driving laws provide a very specific definition of “vehicle” under the law, explicitly defining it as something that is self-propelled or powered by something other than a human. As a result, while you can get a DUI for riding a horse, operating a boat, or even using a lawn mower, you can’t get one for jumping down the street on a pogo stick. However, there are some exceptions that allow users of some self-propelled vehicles to avoid driving under the influence charges, while some human-powered transportation is subject to its own drunk driving laws. This guide can help you better understand which transportation methods you can legally use after drinking in California.
Can you get a DUI on a skateboard?
no. Because skateboards are powered by your feet, you cannot get a DUI while using them under California law. Even self-propelled electric skateboards and hoverboards are excluded from state DUI laws under Section 21224 (VC) of the California Vehicle Code.
However, if you are under the influence of drugs or alcohol while riding an electric skateboard or skateboard, you can get a unique type of DUI ticket under Vehicle Code Section 21296 (VC). The upside is that this offense is not punishable by a license suspension and only carries a maximum fine of $250. On the downside, there is no legal intoxication limit under the law for those riding an electric skateboard as there is in a car. So, if an officer believes that alcohol or drugs are negatively affecting your ability to use these vehicles safely, they can give you a ticket even if your blood alcohol concentration level is less than 0.08%. You have the right to request a test, if you believe you are not actually intoxicated.
Can you get a DUI on roller skates or roller skates?
No, because these devices are not self-propelled, they are not covered by state drunk driving laws.
Can you get a DUI on a scooter in California?
No, as long as it doesn’t have a motor. You cannot get a DUI using a razor, kick, swing, or any other foot-powered scooter. Technically, you also can’t get a DUI on a moped or moped, because Section 21224 (VC) of the California Vehicle Code excludes them from the list of things considered vehicles under the law, even though they are self-propelled. This law only applies to scooters with low-powered engines such as pedal scooters, Lime and Bird scooters, not vehicles with engines larger than 50 cc, such as Vespas, which are sometimes called “scooters” or “scooters” to distinguish them from Other. More powerful motorcycles.
However, if you are caught riding a motorcycle or scooter while under the influence of drugs or alcohol, you can get a special type of DUI under 21221.5 (VC). The good news is that this crime is only a violation, punishable by a $250 fine, and not a misdemeanor that you can get for a regular driving under the influence charge. You will not lose your license if you receive such a ticket.
Can You Get a DUI on a Bike in California?
Yes! Because drunk bikers pose an obvious danger to themselves and others, the state legislature had to create a specific drunk driving law that covers bicycles since they are personal-powered and not otherwise covered by law. This offense carries less severe penalties than traditional driving under the influence charges.
Can you get a DUI on a Segway?
no. Segways are considered personal mobility devices, which means they are essentially the same as a wheelchair, so they are exempt from drunk driving laws.
Can you get a DUI in a motorized wheelchair?
no. Aside from the fact that an officer would be incredibly rude when they arrest a disabled person who cannot get around without a motorized wheelchair or motorcycle, state law protects people with disabilities from these charges.
Drinking can still be applied to public charges
Even if you can’t get a DUI on roller skates, skates, longboards, or similar wheeled transportation, that doesn’t mean you can use them while on the road without any legal repercussions. Aside from the obvious safety risks, it’s a good idea to avoid using these devices while intoxicated because doing so could expose you to charges of being drunk in public or disturbing the peace.
If you have been charged with drunk driving, public intoxication, or any similar crime, Peter M. Liss can help. He is accessible 24/7 and offers a free initial consultation. To schedule an appointment, please call (760) 643-4050.