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Can you be charged with DWI in a golf cart?
Yes, under certain circumstances.
If you operate a golf cart while intoxicated on a public highway, or in a parking lot with four spaces or more that leads to a public highway, then you can be charged with DWI. A golf cart is a motorized vehicle, and therefore subject to the same laws you would have to obey if you were driving a car or truck.
As I thought about this, I thought of the law pertaining to snowmobiles and referred back to N.Y. Parks Rec. & Hist. Preserv. Law § 25.24:
No such person shall operate a snowmobile upon a street, highway, public trails, lands, bodies of water, or private property of another while he or she has .08 of one per centum or more by weight of alcohol in his or her blood, breath, urine, or saliva, as determined by the chemical test made pursuant to the provisions of subdivision six of this section.
What is the difference between a snowmobile and a golf cart? I think I know the difference, and I'm sure you think you know too. But there isn't a definition of a "snowmobile" in the law. This is what Merriam Webster says:
Definition of snowmobile : any of various automotive vehicles for travel on snow; specifically: an open vehicle for usually one or two persons with steerable skis on the front and an endless belt at the rear
So, could you be convicted of DWI for driving on a frozen lake with a golf cart if a cop decided the golf cart constituted a snowmobile? I would argue not. But I have no doubt that an overzealous prosecutor might try. I would be very hesitant to operate any motorized vehicle while drinking. Be careful.
I can help you through all the problems that you face when charged with DWI or DWAI - whether it is a Chemical Test Refusal Hearing at the DMV or making sure that a proper application for a hardship license is made to the court at your first appearance.With upfront pricing and an excellent track record of winning at trial, there is no reason not to call for a free phone conversation.
If you have been arrested for a DWI or any other crime, call Attorney Adam Militello. I can help, and I want to hear from you. (585) 485-0025.