Can I Get a DUI on a Golf Cart in California?

Section 23152 of the California Vehicle Code prohibits anyone from operating a "vehicle" while impaired by drugs and / or alcohol.  Under the law, "vehicle" is not limited to "gas-powered vehicle" or "automobile" -- the law just says "vehicle".  Courts have determined that this includes any motorized vehicle, including golf carts.

Section 23152 of the Vehicle Code applies everywhere within the state of California, even on private property and off of public roads.  You can be arrested for DUI in a dune buggy in the middle of the desert, or in a golf cart on a private golf course.

There's an important distinction when it comes to bicycles, though.  Bicycles are not "vehicles" for the purposes of VC 23152.  Instead, pedal-driven (non-motorized) bicycles are governed by VC 21200.5.  That code section says that it is illegal to ride a bicycle while "impaired" by drugs and / or alcohol.  The 0.08% BAC limit does not apply on bicycles.  Rather than proving your specific blood-alcohol concentration, the DA must prove that you were dangerously drunk or impaired by drugs.  If you are arrested on suspicion of cycling under the influence, you may demand a breath or blood test, but you are not required to provide one.  VC 21200.5 only applies on public roads -- it is not illegal to get inebriated and ride a bike on private property in California.  A conviction for "Cycling Under the Influence" carries much lower penalties than a DUI in a motor vehicle.

Mopeds and electric bicycles get even more confusing.  Whether they're powered by gas or electric motors, motorized bicycles are both bicycles and motor vehicles.  Which rule applies then?  That depends on whether or not the motor is engaged.  If the cyclist is riding under pedal power, then the bicycle is not considered a "motor vehicle" at the moment.  A rider may legally pedal a moped or an electric bicycle on a public street while his BAC is greater than 0.08%, as long as he can do so safely.  When the motor is engaged, though, mopeds and electric bicycles suddenly become "vehicles" and the 0.08% limit applies.

There are many possible defenses to charges related to driving or cycling under the influence, especially when unconventional "vehicles" are involved.  If you or a loved one has been arrested for some DUI-related offense in California, call us for a free attorney consultation.  (714) 449-3335.  Ask for John.

Thanks for reading.

Fullerton DUI Attorney