Violating VC 23152 and VC 23153 (drunk driving, driving under the influence) extends beyond traditional vehicles [i]. Common sense and the law dictate that self-propelled or motor vehicles [ii], such as motor trucks, golf carts, motorcycles, and snowmobiles, should not be operated under the influence. However, California’s DUI laws have a broader reach, encompassing all vehicles, regardless of motorization.
DUI Bicycle
Is operating a bicycle under the influence unlawful? YES. Despite California Vehicle Code 670 excluding vehicles moved exclusively by human power, the Vehicle Code specifies that cyclists, including those on electric bicycles [iii], are subject to all Rules of the Road, including DUI provisions [iv]. The penalty for DUI on a bicycle is a $250 fine [v], with a one-year driver’s license suspension for offenders aged 13-21 [vi].
DUI Horse
DUI on a horse? NO. However, DUI on a horse-drawn carriage? POSSIBLY. Horses, as living beings, are not classified as “devices,” and those riding them fall under separate traffic categories from vehicles [vii]. While VC 21050 subjects horse riders to road rules, it lacks inclusive language regarding DUI.
DUI Wheelchairs
What about wheelchairs? NO. Pedestrians, including wheelchair users, are not subject to DUI laws [viii]. Segways, hoverboards, and similar devices also fall under the pedestrian category [ix].
DUI Boating
DUI Boating, or BUI – YES. California Harbors and Navigation Code section 655 prohibits operating any “vessel,” waterskis, or similar devices under the influence, with a BAC over 0.08%. The law applies to non-recreational boats with a BAC of over 0.04%, covering kayaks, rowboats, and sailboats [x].
DUI Flying – YES. Operating an aircraft [xi] or parachuting “for sport” under the influence is unlawful. The legal BAC limit is 0.04%, applicable to flying in the air, on water, or the ground [xii][xiii]. Drones or remote-controlled flying objects may not be considered “aircraft.”
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Reference List:
[i] VC 670: A “vehicle” is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.
[ii] VC 415(a)
[iii] VC 312.5
[iv] VC 21200
[v] VC 21200
[vi] VC 21200.5, 13202.5
[vii] VC 620
[viii] VC 467 (b)
[ix] VC 467(a)(2)
[x] Punishment for BUI is found in California Harbors & Navigation Code section 668
[xi] Cal Public Utilities Code Section 21012: “Aircraft” means any manned contrivance used or designed for navigation of, or flight in, the air requiring certification and registration as prescribed by federal statute or regulation.
[xii] Cal Public Utilities Code Section 21407.1(a)
[xiii] Cal Public Utilities Code Section 21407.1(b)