Non-Automobile DUI: Can You Get a DUI on a Scooter? A Golf Cart? A Lawn Mower?

Most people think of driving under the influence (DUI) as driving a car after drinking, but state DUI laws can extend to almost any motorized vehicle, along with some non-motorized ones. Whether you can get a DUI on one depends on your state’s laws, how it defines a motor vehicle, and where the incident occurred.

Some states define a motor vehicle to include any motorized device, regardless of its purpose. In some jurisdictions, DUI laws apply not only on public roads, but anywhere in the state, including private property.

In some locales, drunk driving statutes aren’t limited to motor vehicles. You can get a DUI on a bicycle, a skateboard, or even on a horse. Because the state laws vary, facing a non-automobile DUI charge can be confusing.

In this article, we’ll explain some of the variations in state law and the potential penalties for a non-automobile DUI. If you’ve been charged with any type of DUI, consider reaching out to an experienced DUI defense attorney. They can analyze your case and help protect your rights and driving privileges.

DUI Legal Definitions To Know

Different states use different terms for alcohol-related criminal offenses or traffic violations. While they all cover the same offense, it’s a good idea to be able to recognize them when you see them. For example:

• Driving under the influence (DUI)
• Driving while intoxicated (DWI)
• Operating while intoxicated (OWI)

To keep things simple, we’ll stick to using DWI or DUI offenses in this article, unless a state law example uses a different term.

How States Define “Motor Vehicle“

Although similar, each state has a different definition of driving under the influence. They also vary in what defines a motor vehicle (if they limit the charge to motor vehicles at all).

Some of the general approaches states use include:

• Expansive definitions: States like Texas broadly define motor vehicles to include self-propelled vehicles such as lawn mowers, ATVs, and golf carts, which can lead to DUI charges if operated while impaired.
• Specific exclusions: States like Florida list which vehicles are not considered motor vehicles while specifically including others, like golf carts.
• Technical specifications: California uses power output and speed thresholds to classify vehicles, classifying e-bikes or scooters that exceed these limits as a motorcycle for DUI purposes
• Catch-all laws: Kentucky has some of the broadest DUI laws, making it illegal to operate non-motor vehicles while intoxicated, which can include anything from a bicycle to a horse.

FindLaw has a handy table that allows you to find the DUI penalties for your state.

Common Non-Traditional Vehicles Covered by DUI Laws

The scope of DUI laws often extends far beyond traditional automobiles. In many states, law enforcement officers can arrest someone for operating a golf cart, an electric scooter, or a lawnmower while intoxicated. A police officer may also administer a breathalyzer test to determine whether the driver consumed an amount of alcohol that exceeds the legal limit.

The following are examples of nontraditional vehicles that are often covered by DUI or DWI laws:

Golf Carts

Most states consider golf carts motor vehicles when a driver operates them on public roads. For instance, the Florida Statutes provide detailed regulations for the use of golf carts on roadways, as they consider a golf cart to be a motor vehicle.

In some states, you can even get a DUI if you’re driving a golf cart on private property. For example, Florida’s DUI statute states that a person is guilty of driving under the influence if they are driving or in control of a vehicle “within this state,” which can include a golf course.

Electric and Motorized Scooters

Electric scooters (e-scooters) have become increasingly popular, and many states have updated their laws to address them. Most states now treat them as motor vehicles for DUI purposes. 

For example, California has specific statutes covering motorized scooters for DUI, often classifying them separately but with misdemeanor penalties and generally lighter fines than car DUIs ($250+), without automatic license suspension for first offenses.

ATVs (All-Terrain Vehicles)

In most states, you can get a DUI while riding an ATV if you’re driving on a public road. In Wisconsin, it is illegal to drive an ATV under the influence of any intoxicant in any area open to the public. This includes public roads, nature trails, and frozen lakes. It’s a different citation than an OWI in a car. You can still face a fine between $150 and $300 for a first offense, but it doesn’t affect your driver’s license.

Lawnmowers

You can get a DUI while riding a lawnmower in some states. Texas considers a motor vehicle any “self-propelled vehicle,” which could include lawn mowers, ATVs, and golf carts.

Mississippi Code defines a vehicle as every device that a person can operate on public roads. The key requirement for a DUI charge is that the operator used the vehicle on public roads while intoxicated.

Mopeds

The licensing requirements and DUI laws for mopeds and motorized scooters vary by state. Municipalities also differ in how they define mopeds versus motorcycles and similar vehicles. Some mopeds have pedals and are more similar to e-bikes, while others do not and are more akin to motorcycles.

California defines a moped as a motorized bicycle with either two or three wheels and an electric motor of less than four horsepower. It requires a motorcycle license. The state treats them more like motorcycles than bicycles, including when it comes to DUI charges.

Delaware explicitly includes mopeds in its DUI statute, treating impaired moped operation the same as other vehicle DUI. Other states exclude mopeds from standard motor vehicle definitions.

Penalties and Consequences for a Non-Automobile DUI

In most states, a non-automobile DUI carries the same penalties as a traditional car-based DUI. However, some states have lighter penalties for certain vehicles.

Generally, DUI penalties may include the following:

• Standard penalties: A first-offense DUI is often a misdemeanor, with penalties including fines ($500-$2,000), jail time (up to one year), and mandatory installation of an ignition interlock device (IID)
• Reduced penalties: Some states have specific, less severe penalties for certain vehicles, such as California’s smaller fine for a DUI on a motorized scooter and no driver’s license suspension
• Repeat offenses: While it’s common for a first-time DUI to have lower penalties, subsequent DUI convictions often lead to escalating penalties, such as higher fines, mandatory minimum jail sentences, and longer license revocations
• Collateral consequences: A DUI conviction can have consequences for your employment and life beyond criminal penalties, including the suspension of a professional license (for doctors, nurses, etc.) or the disqualification of a commercial driver’s license (CDL)

Due to these varying state laws, it’s smart to seek legal guidance from a DUI defense attorney. They can look at your case and find the applicable statute in your jurisdiction.

Legal Advice for Non-Traditional DUI Cases

Given the complex and varied state laws for non-automobile DUIs, your best option is often to seek legal guidance. Even in cases where a standard DUI charge doesn’t apply, prosecutors may use other laws, such as public intoxication or open container. 

An experienced DUI defense attorney can analyze the specific vehicle and circumstances of your case, build an effective defense strategy, and help protect your driving record.