Can You Get a DUI on a Skateboard, Bicycle, Rollerblades, or Other Device 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. Note that you could still be accused of other infractions and misdemeanors, though, such as:

• Public intoxication
• Disturbing the peace
• Traffic citations
• Minor in possession of alcohol
• Drug possession

You could even be charged with hit and run if you are in an accident while on a skateboard and leave without exchanging information with the other party.

Can You Get a DUI on Rollerblades or Roller Skates?

No. Like skateboards, rollerblades, and roller skates are not covered by the state’s drunk driving laws, as they are not self-propelled, and no specific exception applies to them.

Can You Get a DUI on a Scooter in CA?

No, as long as it does not have a motor. You cannot get a DUI while riding a Razor, kick, swing, or other foot-powered scooter.

Can You Get a DUI on a Bicycle in California?

California DUI law does not cover human-powered vehicles. However, bicycles are an exception, as California Vehicle Code 21200.5 (VC) specifically makes it a crime to ride a bike while under the influence of alcohol or drugs.

The good news is that this offense carries far fewer penalties than a vehicle DUI under 23152 (VC)². Under California Vehicle Code section 21200.5 (VC), those convicted of biking under the influence will face $250 in fines. It does not affect your driving record, does not count as a prior DUI, and carries no jail time.

“While this criminal offense is only punishable by a fine, it is still a misdemeanor that can remain on your criminal record for life,” explains Attorney Peter Liss. “Fortunately, diversion programs available under California law allow many people convicted of this crime to keep the offense off their criminal records.” Under a diversion program, you must fulfill the terms of your agreement, and the charges will be dismissed.

California Law: DUI on a Bike Vs. in a Car

Visit our dedicated DUI penalties page to learn more about standard DUI sentencing.

Can a Bike DUI Affect Your Driver’s License?

For most drivers, a bike DUI will not result in a license suspension. However, if a minor under 21 is charged with a DUI on a bike, license suspension or postponement is a possible penalty. A diversion program can help underage offenders avoid these consequences.

“I also can help challenge license suspensions or delays in a DMV administrative hearing,” says Liss.

DUI Laws on Motorized Scooters, Skateboards, and Hoverboards

Like bikes, motorized scooters, electric skateboards, and hoverboards are exceptions to standard DUI laws because there are specific statutes for each. Motorized scooters are a misdemeanor under California Vehicle Code section 21221.5 (VC)³. Hoverboards and electric skateboards can be charged as an infraction or misdemeanor under 21296 (VC)⁴.

These laws make it illegal to use such devices while under the influence, with penalties generally limited to a $250 fine.

Can You Get a DUI in a Motorized Wheelchair?

No. “Arresting a handicapped person who could not get around without a motorized wheelchair or mobility scooter would be essentially saying that these individuals do not have the right to leave their home after drinking,” says Liss, “Fortunately, California law protects people with disabilities from these charges.”

However, if a wheelchair user is operating their device in an unsafe manner because they are under the influence of drugs or alcohol, they could still be charged with disorderly conduct, jaywalking, or public intoxication.

What is the Legal BAC Limit for Riding a Bike, Electric Scooter, Hoverboard, or Electric Skateboard in California?

While drivers of motor vehicles are subject to a 0.08% BAC limit, there is no such limit under 21200.5 (VC), 21221.5 (VC), and 21296 (VC). For this reason, police are not required to administer chemical tests in these cases. However, you have the right to request such a test if you believe you are not intoxicated. If an officer denies your right to take a test, this can help support your defense. Similarly, if you take the test and your results are below 0.08%, this could help show that you were not intoxicated enough to cloud your judgment or your ability to ride safely.

Even if you didn’t request a chemical test, your defense attorney can still use the lack of physical evidence on your client’s behalf —especially because many other signs of intoxication, such as a red face and erratic movements on a bike, motorized scooter, hoverboard, or electric skateboard, can easily be explained away by exercise or inexperience.

Do I Need a Lawyer For These Charges?

An attorney like Peter Liss can help anyone facing misdemeanor or felony charges. A diversion program is often the best option for those facing charges for 21200.5 (VC), 21221.5 (VC), and 21296 (VC), as it allows you to keep the charges off your record.

If you don’t qualify for a diversion, it is often advisable to fight the charges. Like any other form of DUI, you can defend yourself against these allegations if the arresting officer did not follow proper procedure or if the prosecution lacks sufficient proof to show guilt beyond a reasonable doubt.

In many cases, your defense lawyer may be able to have the charges reduced to an infraction or dropped, particularly if the police officer failed to follow standard procedure or violated your rights in some manner. For example, if you were riding a bicycle in your backyard, you did not commit a crime because these laws only apply on public roads.

To learn more about how your lawyer may fight the charges, see our dedicated DUI defense page.

Attorney Peter Liss Can Help

If you are accused of using a skateboard, scooter, bike, or any other form of transportation while intoxicated, contact Peter Liss today. He has over 40 years of experience and a sterling reputation among clients and peers.

Call (760) 643-4050 anytime to schedule a free consultation.