Yes, You Can Get a DUI on a Golf Cart
A golf cart is a vehicle for DUI purposes. Section 316.003 defines a vehicle broadly, and the DUI statute reaches anyone in actual physical control of a vehicle while impaired, so a golf cart can lead to a DUI charge and the penalties track an ordinary DUI. That said, a golf cart case has features a car case does not, and several of them favor the defense.
On Designated Roads, a Golf Cart Needs No Plate
Under section 320.01, a golf cart is a vehicle designed for golf-course use that cannot exceed twenty miles per hour. Section 320.105 exempts a golf cart from registration and from displaying a license plate, but the exemption applies only when the cart is operated in accordance with section 316.212 or section 316.2126, which means on roads a county or municipality has designated for golf-cart use. In a designated golf-cart community, and Dunedin is the familiar Pinellas example, a missing tag is not a violation, so a missing plate cannot, by itself, give an officer a lawful reason to stop the cart there. Off designated roads the exemption does not apply, and the same missing plate is a different conversation. Where the cart was stopped is one of the first facts I pin down in a golf-cart case.
Golf Carts Belong on Designated Roads
Section 316.212 lets a county, a municipality, or a water control district designate roads for golf-cart use after deciding that golf carts can travel there safely, with signs posted to show it. That is why many downtowns and planned communities are golf-cart friendly, and it means a golf cart on a designated road is doing exactly what the law allows.
The Stop Still Has to Be Lawful
A golf-cart DUI begins with a stop, and the stop is judged by an objective standard: whether the facts would have caused a reasonable officer to make a lawful stop. Dobrin v. Department of Highway Safety and Motor Vehicles, 874 So. 2d 1171 (Fla. 2004). A maneuver the law permits cannot supply that basis. As one example, a driver may pass on the right when the vehicle ahead is turning left, as long as the move is made safely and stays on the pavement, under section 316.084. Because the objective question is whether a real violation occurred, conduct the statutes allow, and equipment the statutes do not require, cannot be turned into the reason for a stop.
Refusal and Resisting Need a Lawful Arrest
Charges that ride on top of a DUI often depend on a lawful arrest. A criminal breath refusal and a resisting charge both assume the arrest was valid, so if the stop or the arrest fails, those add-on charges can fail with it.
Golf Cart Versus Low-Speed Vehicle
The label matters. A true golf cart tops out at twenty miles per hour and needs no registration or plate, while a low-speed vehicle goes faster than twenty but not more than twenty-five miles per hour and must be titled, registered, and insured under sections 320.01 and 316.2122. Whether the device was a golf cart or a low-speed vehicle can change which rules apply.
Related: DUI on private property, DUI on other vehicles, and All DUI defenses.
I started out as an Assistant Public Defender in Florida's Thirteenth Judicial Circuit, in Tampa, and today I am one of six ACS-CHAL Forensic Lawyer-Scientists in Florida. Every DUI I take gets rebuilt from the first contact forward, the stop, the exercises, the arrest, and the test, because a problem at the front of the case reaches everything that comes after it. Learn more about my background.
Common Questions
Can you get a DUI on a golf cart in Florida?
Yes. A golf cart is a vehicle under Florida law, and the DUI statute reaches anyone in actual physical control of a vehicle while impaired. A golf-cart DUI carries the same kind of penalties as an ordinary DUI.
Can police stop a golf cart for not having a license plate?
No, not on that basis alone. A golf cart operated under section 316.212 is exempt from registration and from displaying a plate under section 320.105, so a missing plate is not a violation and cannot by itself justify a stop.
Where are golf carts allowed to drive in Florida?
On roads a local government has designated for golf-cart use under section 316.212, after deciding golf carts can travel there safely, with signs posted. Many downtowns and communities have designated routes.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Driving under the influence is defined in section 316.193, Florida Statutes, and actual physical control is addressed in Florida Standard Jury Instruction 28.1 and the decisions discussed here, all of which are fact-specific. Outcomes depend on the particular record, and the law changes, so confirm current requirements with an attorney. Past results do not guarantee a similar outcome.
