Can You Get a DUI on a Skateboard?
Riding a skateboard while under the influence might seem harmless, but Can You Get a DUI on a Skateboard?
Yes, you can get a DUI on a motorized skateboard in states like Minnesota or California, while riding a traditional skateboard under the influence may lead to public intoxication or other non-DUI charges. Skateboarding under the influence poses significant safety risks and can lead to injury for both the rider and others.
As a Minneapolis DUI attorney with decades of experience defending clients across Minnesota, I understand how confusing DUI laws can be when it comes to non-traditional vehicles. If you’ve been cited for a DUI or related charge, I encourage you to speak with a legal professional right away. Contact my team or call 612-341-9080 for a free consultation.
In this article, I’ll explain when skateboarding under the influence becomes a criminal offense, the difference between motorized and traditional boards, and what legal options you may have if you’re charged.
What Does Minnesota Law Say About DUIs and Skateboards?
Under Minnesota Statute §169A.20, a person is guilty of driving while impaired (DWI) if they operate a “motor vehicle” while under the influence of alcohol or drugs. The law defines a motor vehicle as any self-propelled vehicle that is not moved solely by human power.
This means you cannot be charged with a DWI on a traditional skateboard in Minnesota—because it is not motorized. However, if you’re operating an electric skateboard, which falls under the category of a self-propelled vehicle, you may be subject to the same DUI laws as a person driving a car, truck, or motorcycle.
What’s the Difference Between a Traditional and Electric Skateboard?
To determine whether a DUI charge applies, courts and law enforcement consider how the skateboard is powered.
| Skateboard Type | Power Source | Subject to DUI Laws? |
|---|---|---|
| Traditional Skateboard | Human-powered (push foot) | No (but other charges may apply) |
| Electric Skateboard | Battery-powered motor | Yes, in many states including MN |
Even if DUI laws don’t apply to a regular skateboard, you may still face charges for public intoxication or disorderly conduct.
Can You Get in Trouble for Riding Drunk on a Regular Skateboard?
Yes—just not always for DUI. In Minnesota, you may be charged with:
- Public intoxication if you’re visibly impaired and causing a disturbance (penalties can include fines up to $1,000 and up to six months in jail)
- Disorderly conduct if your behavior is threatening or disruptive
- Reckless endangerment if you put others at risk while intoxicated
While these charges may seem less serious than a DUI, they can still result in fines, probation, or a criminal record. If you’re under 21, you might also face underage drinking charges.
Are Skateboard DUI Laws the Same in Every State?
No, each state defines DUI and “motor vehicle” differently. For example:
- Colorado prohibits any person from driving a vehicle while under the influence or impaired by alcohol or drugs.
- California Vehicle Code 23152 only applies to motor vehicles, so regular skateboards are not subject to DUI laws, but Vehicle Code 21296 prohibits riding an electric skateboard while under the influence. A violation for operating an electric skateboard under the influence can result in a fine of up to $250.
- Florida may charge a person with DUI for operating an electric skateboard in public areas, under its broad motor vehicle definition.
It’s important to know the specific statutes in your state—or wherever you’re skating.
What Happens If You’re Caught Riding an Electric Skateboard Drunk?
If you’re stopped on suspicion of DUI while on an electric skateboard, you may be subjected to:
- Field sobriety tests
- Breathalyzer or chemical testing
- Arrest and formal DUI charges
- Possible license suspension or ignition interlock orders
- Court-mandated alcohol education or treatment programs
Even though you weren’t driving a car, the penalties may be the same—especially if you’re a repeat offender.
How Do Police Handle Intoxicated Skateboarders?
Law enforcement takes intoxicated skateboarding seriously—especially when it endangers public safety. While riding a non-motorized skateboard under the influence doesn’t typically qualify as a DUI, officers can still intervene.
If you’re visibly impaired and behaving erratically on public streets, sidewalks, or skate parks, police may issue citations or make an arrest under other laws. In Minnesota, this could include charges like public intoxication, disorderly conduct, or obstructing traffic.
Officers will assess:
- Whether you’re creating a hazard for vehicles or pedestrians
- Your behavior and level of cooperation during the stop
- Whether you’re underage or violating local alcohol laws
Even if DUI laws don’t apply, an encounter with police while drunk on a skateboard can still lead to criminal charges or court appearances.
What Are the Penalties for DUI on a Skateboard in Minnesota?
The penalties for DUI in Minnesota are based on the number of prior offenses and the level of impairment:
| Offense Type | Penalty | Notes |
|---|---|---|
| 1st Offense | Up to 90 days in jail, $1,000 fine, and license suspension | Applies to electric skateboard DUI |
| 2nd Offense | Up to 1 year in jail, higher fines, and longer suspension | Prior DUI history increases penalties |
| Public Intoxication | Citation, community service, possible detox hold | Applies to non-motorized skateboard incidents |
If you’re charged with DUI on a motorized board, the same long-term consequences apply—such as a permanent criminal record, higher insurance premiums, and potential employment setbacks.
Can You Lose Your Driver’s License for Drunk Skateboarding?
In certain situations, yes—your driver’s license could be affected even if you weren’t operating a motor vehicle. This is especially true if the skateboard in question is motorized or if your charge involves underage drinking, refusal to comply, or endangering public safety.
For example, a DUI on an electric skateboard may trigger the same driver’s license penalties as a DUI in a car, including suspension, points, or revocation. Additionally, courts may order license-related consequences for other offenses committed while intoxicated on a skateboard, particularly if you’re under 21.
In Minnesota, a judge has discretion to impose license restrictions as part of sentencing—especially if you’re already on probation or facing a conditional license status.
Should I Hire a Lawyer for a Skateboard DUI?
Yes. A DUI—even on an unconventional vehicle like an electric skateboard—can have a lasting impact on your life. An experienced defense lawyer can review whether the arrest was lawful, challenge the results of sobriety or chemical tests, work to reduce charges or negotiate a diversion program, and help you keep your driving privileges.
At Gerald Miller, P.A., our team has helped thousands of Minnesotans fight back against unfair or excessive DUI charges. If you’ve been cited or arrested, don’t wait—contact a Minneapolis DUI attorney or call 612-341-9080 to get started.
Resources:
- Minnesota DWI Statute §169A.20
- California Vehicle Code 23152
- California Vehicle Code 21296 (Electric Skateboards)
- National Highway Traffic Safety Administration (NHTSA) – Impaired Driving
Further Reading:
- Can You Face DWI Charges Even if You Weren’t Driving?
- Can You Get a DWI With a BAC Under the Legal Alcohol Limit?
- Can You Get a DWI While Snowmobiling?
- Can You Get A DUI Driving an Off-Road Vehicle?
- Can You Get a DUI on a Horse?
- Can You Get a DUI on an Electric Scooter?
- Can You Get a DUI on a Bicycle?
