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Posted on July 22, 2026 in DUI
Applying Arizona DUI laws to different forms of transportation can be complicated. Whether you can get a DUI on a skateboard in Arizona depends largely on how Arizona law defines a vehicle and whether the person is in actual physical control of a vehicle under the state’s DUI statute.
In most situations, a traditional skateboard is not treated the same way as a car, truck, motorcycle, or other motor vehicle. That means a DUI on a skateboard is generally different from a standard Arizona DUI case.
However, that does not mean an intoxicated person on a skateboard cannot be arrested or face criminal charges.
Our experienced DUI attorneys defend clients throughout Scottsdale, Phoenix, Maricopa County, and surrounding communities.
If you were arrested after skateboarding while intoxicated in Arizona, call Rosenstein Law Group at (480) 248-7666 for a free consultation.
Under ARS 28-1381, it is unlawful for a person to drive or be in actual physical control of a vehicle while under the influence of alcohol or drugs.
To obtain a DUI conviction, prosecutors generally must prove that:
Because ARS 28-1381 focuses on a vehicle, the classification of the device involved becomes important. In a traditional Arizona DUI case, the vehicle is usually a car, truck, motorcycle, or other motor vehicle.
A skateboard creates a different legal question because it is not typically classified as a motor vehicle under Arizona law.
In most cases, a person riding a non-motorized skateboard cannot be charged with a traditional DUI under ARS 28-1381.
A standard skateboard does not have an engine, is not a motor vehicle, and is generally treated more like a pedestrian device than a vehicle for DUI purposes. Because of that distinction, Arizona prosecutors often face significant obstacles when pursuing a DUI charge involving a non-motorized skateboard.
As a result, the answer to “can you get a DUI on a skateboard” is generally no when the skateboard is entirely non-motorized.
That does not mean law enforcement will simply ignore dangerous conduct. An intoxicated skateboard rider may still be arrested and charged under other Arizona criminal statutes depending on the circumstances.
The answer becomes more nuanced with electric skateboards, which typically include a motor, a battery system, and powered acceleration.
Even so, Arizona law addresses them with surprising specificity. Under ARS 28-101, the definition of “motor vehicle” expressly excludes a “motorized skateboard” — defined as a self-propelled device that has no handlebars, has a motor, has a deck a person can ride on, and has at least two tandem wheels. In other words, an electric skateboard is generally not a motor vehicle under Arizona law.
That does not completely close the door on the DUI question, though. Arizona’s DUI statute, ARS 28-1381, applies to a “vehicle,” and the definition of “vehicle” is broader than the definition of “motor vehicle.” It excludes human-powered devices, electric bicycles, and electric scooters, but it does not list motorized skateboards by name.
Whether a particular electric skateboard falls within that broader “vehicle” category is an unsettled question that can turn on the specific device and the facts of the case. Some Arizona cities also have local ordinances that address riding while impaired, even where the state DUI statute may not apply.
If you were arrested while operating an electric skateboard and accused of driving under the influence, call a DUI attorney immediately.
Bicycles and skateboards are often grouped, and for DUI purposes, Arizona treats them similarly. A traditional, human-powered bicycle is not a “vehicle” under ARS 28-101 — the definition specifically excludes devices moved by human power, just as it does for a non-motorized skateboard.
For that reason, a person on a standard bike generally cannot be charged with a traditional DUI under ARS 28-1381 either.
There is one important distinction. A separate statute, ARS 28-812, gives bicyclists the same rights and duties as drivers of vehicles for traffic-law purposes.
That means a bike rider is expected to follow traffic signals and similar rules — but that does not make a human-powered bicycle a “vehicle” for DUI purposes.
Electric bicycles are treated differently again. Like electric scooters, they are expressly excluded from both the “vehicle” and “motor vehicle” definitions, so the analysis is not identical to the one for an electric skateboard.
In every case, though, an intoxicated rider can still create real safety concerns and may face other charges, because Arizona’s DUI statute focuses on whether the person was operating a qualifying vehicle under ARS 28-1381.
Possibly. Even though Arizona’s DUI statute generally applies to vehicles rather than non-motorized skateboards, that does not mean intoxicated conduct is legal.
Law enforcement may investigate other offenses if a person’s actions create a safety risk, interfere with others, or result in injury or property damage. Depending on the circumstances, potential charges could include:
For example, a person who is intoxicated while skateboarding through traffic, ignoring signals, colliding with pedestrians, or causing an accident may face criminal charges based on the specific conduct involved. In those situations, the legal issue is typically not whether the person committed DUI, but whether their actions violated another Arizona criminal statute.
Many people assume an intoxicated skateboarder can be arrested for public intoxication. In Arizona, that is not the case.
Under ARS 36-2031, Arizona does not treat public intoxication as a crime, and cities and towns are prohibited from passing ordinances that make being intoxicated in public a criminal offense. Being drunk in public, by itself, is not enough to support a charge.
What matters is conduct and your mental state. A person cannot be charged simply for being intoxicated. Still, they can be charged when their behavior crosses into conduct that the law prohibits — such as disorderly conduct or reckless endangerment.
So while “public intoxication” is the phrase many people search for, the real question in Arizona is whether the person’s actions, not their level of intoxication, violated a specific criminal statute.
If police believe criminal conduct occurred, an arrest may follow even when the case does not involve a traditional Arizona DUI.
After an arrest, a person may face:
The specific penalties depend on the charge filed and the facts of the case.
An experienced DUI lawyer or criminal defense attorney can review the evidence, challenge improper assumptions, and identify weaknesses in the prosecution’s case.
Cases involving skateboards, motorized devices, and Arizona DUI laws often involve legal questions that are more complicated than they initially appear.
Issues may include:
A skilled DUI attorney can evaluate those issues and develop a strategy tailored to the specific circumstances of the case.
In most situations involving a traditional non-motorized skateboard, ARS 28-1381 generally does not apply because it applies only to vehicles.
However, an electric skateboard may raise a different issue because of its motorized features, and an intoxicated person on a skateboard may still face arrest, criminal charges, and significant penalties depending on the circumstances.
Questions involving an electric skateboard, motorized devices, actual physical control, and Arizona DUI law can be particularly complex. Our experienced DUI attorneys and criminal defense lawyers are prepared to protect your rights and fight for the best possible outcome.
If you have been arrested, charged, or are under investigation in Scottsdale, Phoenix, or anywhere in Maricopa County, contact Rosenstein Law Group at (480) 248-7666 for a free consultation.