Is it possible to get charged with a dui from a skateboard, bike, etc.....?
8 attorney answers
A bicyclist can’t be convicted for DUI in Washington. See City of Montesano v. Wells, 79 Wash.App. 529, 902 P.2d 1266 (1995). I have written a blog article on this topic at http://www.duilawfirmwa.com/2013/01/dui-law-for-bicyclists-in-washington/. However, if you are intoxicated and hit someone while riding a bike or skateboard then you may be charged with other criminal offenses such as assault.
Yes, you can get charged for DUI bike. It has happened. That being said, I don't think you could get DUI-Control with a bike and certainly the standard DUI consequences couldn't apply (such as DOL suspension or ignition interlock device requirements. I'm not sure what a victim impact panel would look like for you either). That being said, I am 95% confident I have read about DUI bicycle cases in the past.
As for skateboard, rollar skates, no - I would Knapstad that.
DUI with a sailboat would be interesting since there is no motor. I suppose it could be done.
That being said, this is all hypothetical. I've never actually seen a DUI case in court that wasn't involving a car - though boats and snowmobiles are often discussed.
There actually have been incidents that a bicycle rider received a DUI on a bike. RCW 46.61.755 requires a bike rider to follow all the rules of the road, including DUI.
You have to be driving a motor vehicle and the statute explains what the means. A skateboard or bike isn't a motor vehicle.
RCW 46.04.670 (Vehicle) provides: ""Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. "Vehicle" does not include power wheelchairs or devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks. Mopeds are not considered vehicles or motor vehicles for the purposes of chapter 46.70 RCW. Bicycles are not considered vehicles for the purposes of chapter 46.12, 46.16A, or 46.70 RCW or RCW 82.12.045. Electric personal assistive mobility devices are not considered vehicles or motor vehicles for the purposes of chapter 46.12, 46.16A, 46.29, 46.37, or 46.70 RCW. A golf cart is not considered a vehicle, except for the purposes of chapter 46.61 RCW."
Bicycles are vehicles under the law.
A condition of probation for a DUI almost certainly is a prohibition against consuming alcohol or being otherwise impaired.
I have read of cases in which horse riders are charged with being impaired while riding horses out in public. There are also cases of drunks riding lawnmowers on public street.
I am not licensed in WA, but in CA, where I am licensed, one can be DUI on a bike for sure. Click on the following article concerning a DUI on a bike that may interest you, although it involves CA law and not WA law. DUI on a skateboard? I do not think so.
As Mr. Lawrence indicated, DUI is specific to a motor vehicle (like BUI is specific to a water craft). However there are other things that the Officer may arrest you for such as public intoxication, disorderly conduct or if you are on a public roadway, they may arrest you for DUI and let the prosecutor decide what the proper charge is. These would all likely violate probation for a prior DUI as would consuming alcohol (depending on the specific judges parameters).
Best of Luck
Lucas D. McWethy
You can only get a DUI if you are operating a " motor vehicle." However, it is almost certainly a violation of your probation to consume alcohol.