DUI In The News - Skateboarding and DUI

Posted by James A. Charnesky on Mar 14, 2013 | 0 Comments

From Salem Oregon comes news that a young man who apparently had a bit to drink and then went skateboarding has been charged with DUI.

Ore. skateboarder collides with van, charged with DUI

Can A Person In Arizona get a DUI for Skateboarding Drunk?

To determine this, we need to look to the Arizona statutes.

First, Arizona's DUI statute specifically refers to the term “vehicle.”  The Statute reads, “It is unlawful for a person to drive or be in actual physical control of a vehicle in this state.....”  The important question then is whether, under Arizona law, a skateboard is a "vehicle."

Arizona Revised Statute 28-101(57) provides:

"Vehicle" means a device in, on or by which a person or property is or may be transported or drawn on a public highway, excluding devices moved by human power or used exclusively on stationary rails or tracks."

Given the above language, under Arizona law, for a person to be charged with DUI, they must be operating a “vehicle” which is motorized in some way.  Traditional skateboarding therefore, is not subject to Arizona' s DUI statute. That being said, all sorts of motorized devices which we would not normally associate with “driving under the influence” are subject to Arizona DUI law.  For instance, operating motorized skateboards, powered lawn mowers, powered wheelchairs, scooters, and other similar type devices while intoxicated can result in DUI charges.

About the Author

James A. Charnesky

James Charnesky is a Tucson DUI Defense Lawyer. His practice has always been committed to criminal defense. He has NEVER prosecuted, and has ALWAYS fought for the rights of the accused.

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