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DUI on a Golf Cart

Can you be arrested for DUI on a gulf cart? Yes, in Florida, you can be arrested for DUI on a golf cart because golf carts are included within the definition of “motor vehicles.”

In fact, pursuant to Section 316.003(28), Fla. Stat. (2020), the term “golf cart” is defined as a “motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes.”

Additionally, since Florida’s implied consent statute applies to “motor vehicles,” it also applies to golf carts. Therefore, after an arrest for DUI on a golf cart, the arresting officer can request a breath or urine test (or blood test in limited circumstances). A refusal to submit to the lawfully requested chemical test is often admissible at trial.

The refusal can also result in an administrative suspension. See Rice v. DHSMV, 20 Fla. L. Weekly Supp. 1036a (Fla. 8th Cir. Ct., March 5, 2012) and Cooper v. DHSMV, 15 Fla. L. Weekly Supp. 1068b (Fla. 20th Cir. Ct., September 18, 2008).

Other types of vehicles, such as a bicycle, are not considered to be “motor vehicles.” The distinction is important because Florida’s implied Consent statute applies only to “motor vehicles.”

So if a law enforcement officer reads the implied consent warning in a case involving a bicycle or another type of vehicle that is not classified as a “motor vehicle” then the court will likely find that the results are inadmissible at trial.

Pedestrian vehicles are classified as a “vehicle” under Chapter 316 including a bicycle, electric bicycle, Segway Hoverboard, some motorized scooter, motorized wheelchair, or electronic personal assistive mobility device.

Other vehicles that are classified as motor vehicles include any motorcycle, scooters or trike over 50cc, moped, go-kart, or utility vehicle, or an all-terrain vehicle (ATV).


This article was last updated on Friday, January 7, 2022.

 

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