Can You Get a DUI on a Longboard?

Many skateboarders have repeatedly asked this question over time. Getting a DUI on a longboard depends on various factors, such as the state of residence. Typically, police don’t issue DUI on longboards, but being drunk while longboarding is extremely dangerous and not advised. You could put other skateboarders in grave danger. 

Although police can’t issue a DUI for riding a longboard under the influence, there’s a clause within the Vehicle Code that authorizes a police officer to charge you with a misdemeanor if they deem you to be operating under the influence of alcohol or drugs. 

What this implies is you will be charged for public intoxication and be fined. The fine vary from state to state, usually in the range of $250 – $1000. But, it will not affect your car insurance. Rest assured. However, you can be charged with a DUI for driving an electric skateboard under the influence of drugs or alcohol. You may ask, “why should I being fined and get a DUI on an electric skateboard? 

The reason for this is that electric skateboards are classified as a vehicle. According to the Vehicle Code, “a vehicle is a device that can move, propel, and can be drawn on a highway”. However the catch here is a device moved by human power or doesn’t have a motor is exempted. This implies that electric skateboards are vehicles and you can get a DUI for riding it under the influence. 

Being convicted for driving under the influence will greatly impact your living. Your driving license could be suspended and you could even be sentenced to prison. For non-motorized vehicles, you could face a day prison time, but with electric skateboards, you could get 30 days prison time as a first offender and up to 120 days as a second time offender. 

Is Longboarding Illegal?

While many people find longboarding exciting, it is illegal in U.S. states like California. In addition, you can’t longboard in certain areas like sidewalks. Apart from that, you can longboard in other areas without any issue.

However, you should be aware that longboarding exposed you to greater risks of head fracture, traumatic brain injury, and intracranial hemorrhage. It’s pretty easy to fall off on a skateboard, and that’s why I recommend you do the following to avoid becoming a victim. 

  • Skate on the street, empty parking lots, etc. Like I said, longboarding is illegal on sidewalks in many U.S. states. So, you must skate in the road. Abide by all safety rules in the road, notify turns, and shops when necessary. If the road has lots of potholes, avoid longboarding there. 
  • Longboard like you are driving a vehicle. This will help you to be conscious of the road and other drivers too. 
  • If possible, ride in groups. It increases visibility and maximizes your chances of saving someone in case there’s a fall. 
  • Wear safety gear. This is probably the first thing you should do before setting our to longboard or skate. You must have your helmet, wrist guards, knee pads, and elbow pads on for safety reasons. 
  • Examine the condition of your longboard. Don’t go guessing that it’s in a perfect condition. You may never know if the bearing is rusty or that the wheel is loose. 
  • Although many people enjoy longboarding with their headphones on, this is a bad habit. They can set your mood right, but could hamper your safety and alertness. If you are used to it, fine. But, I advise that you don’t ride in that manner too often. 
  • Don’t longboard under the influence of alcohol and drugs. Apart from the fact that you will get fined and possibly spend a day in prison, it could impair your decision-making and probably get you critically injured. 
  • Avoid riding on wet surfaces. No matter how skillful you are, you could get badly fractured one day. The wheels won’t work good in the rain, and you will have a hard time controlling the board. If your feet are wet, dry them before mounting the longboard.

DUI Defined

DUI, also known as Driving Under the Influence is the offense of being in control of a vehicle under the influence of drugs or alcohol. Drugs could mean those prescribed by doctors or those taken illegal, such as cocaine. A person under the influence of these is rendered incapable of driving or operating the vehicle safely. DUI is also called DWI (Drunk While Intoxicated), or drunk driving. The name variants depends on the country. 

Many countries term it illegal to drive a motor vehicle under the influence of drugs or alcohol. The offense is not attributed to those who are actually driving. Anyone found in the driver’s seat holding the key, whether they are driving or not could be charged. 

Police measures a driver’s level of intoxication by blood alcohol content, also known as BAC. It can also be determined by a breath test measurement, also known as BrAC, using a device called breathalyzer. Blood alcohol content higher than 0.08% implies that such a person is guilty. In some jurisdictions, the BAC level is capped at 0.12% and 0.15%. A person with a high BAC of between 0.09% – 0.25% will have a flush-red appearance, confusion, dizziness, impaired speech, and to some extent, vomiting. 

Can You Get a DUI on a Longboard After Drinking?

It becomes an issue when someone agrees to ride a longboard after drinking. As I mentioned earlier, being intoxicated can impair your vision and leave you in a less reactive state. This could affect people on the road, you could crash into objects and buildings. 

You can get a DUI on a longboard after drinking by the Police. First of all, police will administer a simple BrAC test to check your blood alcohol content. An individual with content of 0.08% or greater is considered driving under the influence. The law will take its course. If you are lucky, depending on the jurisdiction, a simple fine may be all that’s needed.

The Issue Around DUI and Riding a Longboard

Many jurisdictions have issues with longboard driving due to the danger it poses. A person has a higher chance of fracturing his skull or damaging his rib with longboarding than in roller skating. As a result these states, declared it illegal. 

However, some states still legalizes longboarding, but have placed some restrictions. This is where DUI comes in. However, DUI laws are different from country to country, and sometimes, they are mistakenly interpreted. Plus some laws don’t have provisions for longboard riders. 

Riding a Longboard Under the Influence Laws by State

Many states have laws regarding driving under the influence of drugs or alcohol, especially regarding longboarding. In many jurisdictions, the laws fines the offender. Others stipulates that the offender spends a day or two in prison. The laws differ from one state to another. 

Longboarding is usually frowned at because of the danger associated with it. Some states like California banned longboarding. If you wish to longboard, you must abide by all safety rules. Wearing your protective gear is necessary and above all, you should not longboard under the influence of anything. 

How to Safely Handle Being Pulled Over Riding Longboard While Impaired

You’ll most likely be pulled over if the police suspects any awkward driving. It’s possible that you are utterly intoxicated, and you won’t be conscious of the environment you are in, let alone understand that the police is in front of you. You may not have so much choice. When you are pulled over, below is what you should do to avoid complicating matters. 

  • Once the police officer stops you, slow down and park. As soon as the officer pulls you over, he starts to jot down his observations, so you don’t have to mess yourself up. If you drive and slow down erratically, you may find yourself in a big mess. 
  • Be as polite as you can. If you treat an officer of the law politely, you will have a chance of less likely to be arrested or fined. On the other hand, being rude and hostile, the police officer will take offense and arrest you. You must comport yourself and be as polite as possible. 
  • Do not answer any incriminating questions, but tell the truth. Sometimes, the anxiety of being pulled over might get to you, and a trained officer may use that to his advantage. You will most likely be put under pressure to answer questions like; “have you been drinking?.” Be polite and answer the question by saying you were advised not to answer any question. Lying is bad, so avoid it.
  • Refuse a hand-held breathalyzer. This type of breathalyzer is unreliable because several people may have used it. Refusing it may likely get your license suspended, but that’s better than going to jail for something you didn’t commit. Instead of blowing while on the road, you can plead with the officer to submit blood tests or request for a more advanced breathalyzer. In some states, you may be taken to the police station to take chemical tests to determine your intoxication level. 
  • If you have been charged but released, put to paper everything that went down during your arrest. Once you have everything on paper, contact your attorney.