If you live in Los Angeles or Orange County, you’re not far from
some of the best skiing in Southern California. With Mountain High Ski
Resort, Bear Mountain, Snow Summit Mountain Resort, Mammoth Mountain and
Lake Tahoe/Heavenly Mountain, you can be up in the mountains skiing and
snowboarding in no time at all.
Much like boating and fishing, it’s common for Californians to have
a few drinks before they hit the slopes on their snowboards and skis.
So, the question is, “Can I get a
DUI for skiing or snowboarding while under the influence of alcohol?”
If you were caught with a
blood alcohol concentration (BAC) of .08% or more at a local ski resort, can you be arrested for DUI
right then and there?
Snowboarding, Skiing, and California DUI
We have good news for you, you will NOT get a DUI for snowboarding or skiing
under the influence. That’s because in California the Vehicle Code
specifically says that you need a vehicle, something that can be driven
on a highway, for example, a vehicle or even a bicycle.
Something such as skis or a snowboard are excluded because they are moved
by human power; a snowboard or a set of skis do not qualify as a “vehicle”
under California’s Vehicle Code.
Keep in mind though that while it’s common to drink before snowboarding,
it’s still possible to get so drunk that you run right into a tree,
which can be deadly. In that case, it’s wise to watch how much you
drink before hitting the slopes.
What about snowmobiles?
While you can’t get a DUI for snowboarding, you
can get a DUI for operating a snowmobile while under the influence of drugs
or alcohol. Snowmobiles are considered to be “off-highway vehicles”
or OHVs, just like ATVs and RUVs.
You can be arrested for DUI while driving a snowmobile because California’s
DUI laws apply to OHV vehicles, whether they are on or off the highway.
So, even if you’re miles from the nearest road, a park ranger can
still arrest you for DUI.
Learn more about California’s snowmobile laws
Arrested for DUI while riding a snowmobile or another OHV?
Contact the Law Offices of Virginia L. Landry, Inc. for a free case evaluation
with one of OC’s top DUI firms!