In many parts of North Carolina, golf carts offer a convenient, easy way to get around. Many people assume they cannot be charged with a DWI while driving a golf cart. But North Carolina’s DWI statute applies to “any vehicle.” A golf cart meets that definition when it is operated on a street, highway, or road. Often, whether a person is charged with DWI while driving a golf cart depends more on where it was driven than on how the vehicle is classified. Even in golf cart-friendly neighborhoods and vacation areas where local laws allow golf carts on public streets, they do not create exceptions to North Carolina DWI laws.

Key Takeaways

• North Carolina’s DWI statute applies to any “vehicle,” which includes a golf cart driven on a highway, street, or public vehicular area.
• Even though golf carts are not titled or registered with the NCDMV, a person can still be convicted of DWI for operating a golf cart while under the influence of alcohol or drugs.
• Many cities and towns have adopted local laws that allow golf carts on public streets. These laws regulate where golf carts can go, but do not create exceptions to North Carolina DWI laws.
• Whether a person can be charged with DWI while operating a golf cart often depends on where the vehicle was being operated.
• A conviction for a golf cart DWI carries the same penalties as any other DWI charge, including fines, a driver’s license suspension, and potential jail time.
• A Low Speed Vehicle (LSV) is a different type of vehicle registered with the NCDMV and is treated as a vehicle under North Carolina DWI law.

Is a Golf Cart a Vehicle Under North Carolina’s DWI Law?

Under N.C.G.S. § 20-4.01(49), a “vehicle” includes “Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon fixed rails or tracks.”

A golf cart is defined in N.C.G.S. § 20-4.01(12b) as “A vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour.”

North Carolina law includes a definition of a Low Speed Vehicle (LSV), a federally compliant NCDMV-registered vehicle that can reach speeds of 20 to 25 mph. Unlike a golf cart, LSVs are fully street-legal and require a title, registration, and liability insurance.

Even though a golf cart is not registered with the NCDMV like a car, the type of vehicle being operated does not determine whether a person can be convicted of DWI for operating a golf cart while under the influence of alcohol or drugs.

Why Location Decides Whether a Golf Cart DWI Will Hold Up

North Carolina’s impaired driving law, N.C.G.S. § 20-138.1, applies to “any vehicle upon any highway, any street, or any public vehicular area within this State.” A “public vehicular area” is defined under N.C.G.S. § 20-4.01(32) and refers to any area “used by the public for vehicular traffic at any time, including…any drive, driveway, road, roadway, street, alley, or parking lot.” The definition also explicitly includes “beach areas used by the public for vehicular traffic.”

In the 2014 North Carolina appeals court case of State v. Ricks, the court ruled that a location must be “generally open” to the public to qualify as a public vehicular area. The decision helps explain why a private golf course fairway is treated differently from public roads or a parking lot.

The Penalties: Same Exposure as a Car DWI

Because North Carolina’s DWI statute treats a golf cart the same as a car, the potential penalties and sentencing are the same. A conviction for a golf cart DWI will also affect a person’s driver’s license and insurance rates the same way as a car DWI, regardless of the vehicle driven.

Critically, North Carolina’s open container law applies to golf carts operated on public streets. As a result, a person can be charged with DWI and an open container violation during the same traffic stop.

Building a Defense for a Golf Cart DWI in Johnston County

Building a successful defense against a golf cart DWI charge requires the same meticulous attention to detail as a car DWI charge. Depending on the circumstances of your case, your defense strategy may address:

• Was the stop made on a highway, street, or public vehicular area, or did it occur on private property where North Carolina’s DWI statute does not apply?
• Was the vehicle an LSV, in which case North Carolina’s DWI statute would not apply?
• Was the defendant in actual physical control of the golf cart?

The consequences of a conviction are severe, and drivers should take the charges seriously. An experienced North Carolina DWI defense attorney can analyze the circumstances of your arrest, challenge whether the legal requirements were satisfied, and mount an aggressive legal defense.

Contact an Experienced North Carolina DWI Defense Attorney Today

The consequences of a DWI charge in a golf cart can be severe, and you need experienced legal representation. The DWI defense attorneys at Reece & Reece, Attorneys at Law, are dedicated to protecting the rights of North Carolina drivers. We represent individuals charged with DWI throughout Johnston County, including Smithfield, Benson, Clayton, Selma, Archer Lodge, Kenly, Four Oaks, Pine Level, Princeton, Wilson’s Mill, and Micro. Call (919) 300-1249 or contact us online to schedule a free case evaluation and learn how we can help.